HomeMy WebLinkAbout85-29 - Adding Sections 15.42.010 Through 15.42.100 to the City Code Adopting a Major Thoroughfare and Bridge Fee ProgramORDINANCE NO. 85 -29
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING SECTIONS 15.42.010 THROUGH 15.42.100 TO
• THE CITY CODE ADOPTING A MAJOR THOROUGHFARE
AND BRIDGE FEE PROGRAM.
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 Newport
Beach hereby ordains as follows:
Section 1: Sections 15.42.010 through 15.42.100 are
hereby added to the City Code to read in its entirety as follows:
"Section 15.42.010.Major Thoroughfare and Bridge Fee
Program.
(A) A building permit applicant, as a condition of
issuance of a building permit, shall pay a fee in
an amount and manner as provided in this chapter to
defray the costs of constructing bridges over
• waterways, railways, freeways and canyons, or
consructing major throroughfares.
Section 15.42.020. 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.
u
(2) The term 'major thoroughfare' means those
roads designated as transportation corridors
and major, primary, secondary or commuter
highways on the Orange County Master Plan of
Arterial Highways, the Circulation Element of
the General Plan of the City of Newport
Beach. The primary purpose of such roads is
to carry through traffic and provide a network
connecting to the State highways system.
(3) 'Bridge facilities' mean those locations
identified in the transportation or flood
control provisions of the Circulation Element
or other element of the General Plan as
requiring a bridge to span a waterway, a
railway, freeway, or canyon.
-1-
(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.
Section 15.42.030. Conditions.
• (A) 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 an element of the General
Plan of the County of Orange which'was adopted at
least thirty (30) days prior to the application for
a building permit.
(B) Payment of fees shall not be required unless the
proposed major thoroughfare(s) are in addition to,
or a widening or reconstruction of, any existing
major thoroughfare(s) serving the area at the time
of the adoption of the boundaries of the area of
benefit.
(C) Payment of fees shall not be required unless the
proposed bridge facility is a new 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.
Section 15.42.040. Notice of Hearin
(A) Action to establish an area of benefit may be
initiated by the City Council upon its own motion
or upon the recommendation of the Public Works
Director. The City Council shall 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 in the
following manner:
(B) Notice shall be given at least ten (10) calendar
days before the hearing by the following:
(1) Notice published at least once in a newspaper
of general circulation within the proposed
area of benefit.
(2) 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.
(3) Notices sent by first -class mail addressed to
each property owner within the boundary of the
proposed area of benefit.
(4) Notices sent by first -class mail to all known
Homeowners' Associations within the proposed
area of benefit.
• (5) Notice by first -class mail to any person who
has filed a written request therefor with the
Director of Public Works. Such request shall
-2-
apply for the calendar year in which it is
filed.
Section 15.42.050. Public Hearing/Area of Benefit.
(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
Section 15 .42.060 (A) 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.
(B) 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
authorizing certain construction on 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.
Section 15.42.060. Protests.
(A) 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.
(B) 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 Section 15.42.040
(A) above.
(C) 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
-3-
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.
Section 15.42.070. Use of Fees.
• 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. Mon@ys in such fund shall be expended solely for
the construction or reimbursement for construction 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.
Section 15.42.080. In Lieu Consideration.
The City Council may approve the acceptance of
consideration in lieu of the payment of fees established
herein.
Section 15.42.090. Advances From Other Funds.
• The City Council may approve the advancement of money
from the General Fund, the capital improvements fund or
the contributions fund to pay the costs of constructing
the improvements covered herein and may reimburse these
funds for such advances from planned bridge facility or
major thoroughfare funds established pursuant to this
chapter.
Section 15.42.100. Reimbursement.
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 agreement 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, reimbursements shall
be made on a pro rata basis reflecting the actual or
estimated costs of the projects covered by the fund."
-4-
Section 2.
This
Ordinance shall
be published once
in
the official newspaper
of
the City, and
the same shall
be
effective thirty (30) days after the date of
its adoption.
•
This ordinance
was
introduced at a
regular meeting
of
the City Council of the
City
of Newport Beach
held on the 15th
day
-4-
of October , 1985 and was adopted on the 12th day of November
1985 by the following vote, to wit:
•
AT T ST:
City Clerk
u
•
AYES, COUNCILMEMBERS Agee, Cox,
Hart. Maurer. Strauss
NOES,.COUNCILMEMBERS
ABSENT, COUNCILMEMBERS Heather,
-5-
P