A. Purpose. The purpose of this section is to make provision 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 cost of constructing bridges or major thoroughfares pursuant to Cal. Gov’t. Code § 66484 of the Subdivision Map Act, and in order to implement the circulation element of the general plan and, in the case of bridges, the transportation provisions thereof.
B. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
“Construction” shall mean design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections.
“Major thoroughfare” shall mean a roadway as shown on the circulation-transportation element of the general plan whose primary purpose is to carry through-traffic and provide a network connecting to the state highway system.
C. Payment of Fees Generally.
1. Prior to filing a final map which includes land within an area of benefit established pursuant to this title, the subdivider shall pay or cause to be paid any fees established and apportioned to such 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.
2. 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, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection (C)(1) of this subsection.
a. 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.
b. 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 of benefit.
D. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the Planning Commission or Planning Director, as the case may be, may accept consideration in lieu of the payment of fees required pursuant to this section; provided, that the Planning Commission or Planning Director, as the case may be, first finds, upon recommendation of the Public Works Director, that the substitute consideration has a value equal to or greater than the fee; and provided further, that the substitute consideration is in a form acceptable to the county.
E. Public Hearing. Prior to establishing an area of benefit, a public hearing shall be held by the Board of Supervisors at which time the boundaries of the area of benefit, the costs, whether actual or estimated, 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 SCC 20.05.110 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.
F. Amount. The amount of the fees and the areas of benefit established pursuant to this section may be established by ordinance or resolution.
G. Exemptions. Notwithstanding the provisions of subsection (C) 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, that the total value, as determined by the Building Official, 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 Building Official, 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 by Section 501 of the Uniform Building Code.
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.
1. 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 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 such property, 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 County Clerk, and no other protest or objections shall be considered. Any protest may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing.
2. If there is a written protest filed with the County Clerk by the owners of more than one half of the area of the property to be benefited by the improvement protest 10/12/99, 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 Board of Supervisors shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of this section. (Formerly 23.14.008)