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HomeMy WebLinkAbout86-04 Adding Section 13-315; Adopting a Major Thoroughfare and Bridge Fee ProgramFOLLOWS: ORDINANCE NO. 96' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 13-315 TO THE MUNICIPAL CODE OF THE CITY OF COSTA MESA ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS t WHEREAS, Government Code Section 66484.3 authorizes the City to require by ordinance the payment of a fee as a condition of approval of a final.subdivision map or as.a condition of issuing a building permit for the purpose -of defraying the cost of constructing major thoroughfares and bridges; and WHEREAS, the City Council desires to ,adopt such a fee program in order to insure that future development shall pay a share of the costs of constructing transportation systems adequate to serve that development; NOW, THEREFORE, the City Council of the City of Costa Mesa hereby ordains as follows: SECTION 1. Section 13-315 is hereby added to the Municipal Code of the City of Costa Mesa to read in its entirety as follows: "Section 13-315. Major Thoroughfare and Bridge Fee. a. 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. b. Definitions. (1) The term 'construction' as -used in this.section includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, and actual construction. (2) The term 'major thoroughfare' means those roads designated as transportation corridors -and major, primary, secondary, or commuter highways on the Master Plan of Arterial Highways, the Circulation Element of the General Plan, for the,City or for the County of Orange. The primary purpose of such roads is to carry through traffic and provide a network connecting to the state highways system. (3) 'Bridge facilities' means those locations identified in the transportation or flood control provisions of the Circulation Element or other element of the General Plan of the City or the County of Orange as requiring a bridge 'to span a waterway, a railway, freeway, or canyon. l (4) '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. c. 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 City's General Plan or the General Plan of the County of Orange adopted at least thirty (30),days prior to the application for a building permit and is on land located within the boundaries of the area of benefit. d. Payment of fees shall not be required unless any major thorough- fares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the _adoption of the boundaries of the area of benefit. e. Payment of fees shall not be required unless. any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility�serding the area at the time of the adoption of the boundaries of the area of benefit. f. 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 Services. The City Council shall set a public hearing for each pro- posed 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 in the following manner: (1) Notices shall be given at least ten (10) calendar days before the hearing by the following: (a) Notice published at least once in a newspaper of general circulation within the proposed area of benefit. (b) Notices posted throughout the proposed area of benefit with at.least three (3) notices posted at arterial highway intersections within the proposed area of benefit. (c) Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit. (d) Notices sent by first-class mail addressed to all Municipal Advisory Committees and known Homeowners' Associations within the boundary of the proposed area of benefit. -2- (e) Notice by first-class mail to any person -who has filed a written.request therefor with the Director of Public Wbrks. Such request shall apply for the calendar year in which it is filed. g. (1) 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 Section g(3), determine to 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 by the City Clerk with the orange County Recorder's Office. - (2) Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable 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 cost apportioned to such lands from other sources. (3) Written protests shall be received by the City Clerk at 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. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting. (4) 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 improve- ment so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in Subsection (f) above. -3- (5) 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. h. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be estab- lished for each planned bridge facility project or each planned major thorough- fare 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 maybe established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for con- struction of the improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement. i. the City Council may approve the acceptance of consideration in lieu of the payment of fees established herein. j. The City Council may approve the advancement of money frcan 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 section. k. If 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 agree- ment -with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, -4- reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered.by the fund." SECTION 2. his Ordinance shall take effect`and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this. Ordinance shall be posted in the office'of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this lgt�j day of , 1986. y r of the City of t sa ATTEST: G�City Clerk of the City of Costa Ir STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FOR CITY ATTORNEY I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Co to Mesa, hereby certify that the above and fore- going Ordinance No. way introduced and considered section b ction at a.regular meeting of said City Council held on the consider day of 1986, and thereafter passed and adopted as a 1 at a regular meeting of said City Council held on the Lday of 1986, by the following roll call vote: X4& AYES: COUNCIL MEMBERS: V�) I�.`��'f� ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto t my hand and. affixed the Seal of the City of Costa Mesa this day of r , 1986. CiEy Clerk and ex -officio Clerk o e City Council of the City of Cos Mesa -5-