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HomeMy Public PortalAboutOrdinance 631ORDINANCE NO. 631 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING TITLE 16 OF THE BEAUMONT MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT OF BRIDGE AND MAJOR THOROUGHFARE CONSTRUCTION FEES THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 16.40.110 is added to Title 16 of the Subdivision Ordinance of the Beaumont Municipal Code to read: CHAPTER 16.40.110 BRIDGE AND MAJOR THOROUGHFARE FEES. A. Purpose. This Chapter is adopted pursuant to Section 66484 of the Government Code of the State of California which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges over waterways, railways, freeways andcanyons and/or major thoroughfares as a condition of approval of a final map or as a condition of issuing a building permit. B. Major Thoroughfare and Bridge Fees. A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways, freeways and canyons, and/or constructing major thoroughfares. No property shall be assessed a fee under this Section for both a final map and a building permit. C. Definitions. 1. "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 bridge and/or major thoroughfare. 2. "Bridge facilities" means those locations identified in the transportation element of the General Plan of the City (the "General Plan) requiring construction of or addition to a bridge spanning a waterway, railway, freeway or canyon or that is part of a major thoroughfare. 3. "Construction" means and includes formation and preliminary studies, design, acquisition of right-of-way, administration of construction contracts and actual construction. 4. "Major thoroughfares" means those roads designated as arterial, major or secondary highways, as defined by Title 16, Chapter 16.08.290 of the Beaumont Municipal Code and reflected in the circulation element of the General Plan, the primary purpose of which is to carry through traffic and provide a network connecting to or which is part of the state highway system. 5. The singular number includes the plural, and the plural the singular. D. General Plan Requirement. The provisions herein for payment of fees shall apply to a parcel located within the boundaries of the area of benefit if the bridge and/or major thoroughfare has been included in an element of the General Plan adopted by the City Council at least 30 days prior to the filing of a final map or application for a building permit on the parcel location within the boundaries of the area of benefit. Page 1 Ordinance No. 631 E. Major Thoroughfares. Payment of fees shall not be required unless a major thoroughfare is in addition to or a widening or reconstruction of any major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. F. Bridge Facilities. 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 serving the area at the time of the adoption of the boundaries of the area of benefit. G. Proceedings to Establish. 1. Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the City Manager, or Community Development Di- rector. 2. The City Council will 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 of construction and the method of fee apportionment, shall be given pursuant to Section 65091 of the Government Code. H. Public Hearing and Protest. 1. At the public hearing, the City Council will consider the preliminary report that sets forth the area for inclusion within the area of benefit, designates the major thoroughfares and/or bridge facilities to be constructed, estimates the cost of construction of each improvement and describes the method of fee apportionment within the area of benefit. The Council will also consider testimony from interested persons, written protests and other evidence submitted. Within a reasonable time after the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn, 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 with the County Recorder of the County of Riverside. 2. 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. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City of Beaumont shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources. The designation of such alternate funding need not be addressed in the resolution establishing the area of benefit. 3. Written protests will be received by the Clerk of the City at any time prior to the close of the public hearing. Each written protest must be filed by a person or entity owning property within the proposed boundaries of the area of benefit and must describe the property with sufficient specificity so that the parcel may be identified. If the person or entity Page 2 Ordinance No. 631 filing the protest is not shown on the last equalized assessment roll as the owner of the parcel, the protest must contain or be accompanied by documentary evidence establishing ownership. 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 protest may be withdrawn in writing by the owner making the same, at any time prior to the close of the public hearing. 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 improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection G above. 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 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 improvement or portion thereof. I. Amendments. The resolution establishing an area of benefit may be amended from time to time by the City Council to reflect modifications in either the bridge and/or major thoroughfare facilities to be constructed or the property to be included within the area of benefit due to alterations in land use and to reflect adjustments in the fee schedule necessitated by any such modifications. Said amendment(s) shall be adopted in the same manner as the original resolution. J. Periodic Review. The City Council shall review the costs designated for construction of the bridge and/or major thoroughfare facilities from time to time and shall make modifications to such costs and corresponding adjustments to the fees as are necessary to insure that the bridge and/or major thoroughfare facilities can be constructed from accumulated funds and fees remaining to be collected from the property in the area of benefit. K. Payment of Fees. 1. Fees shall be paid prior to the recordation of a final subdivision or parcel map except that fees may be paid as described hereinbelow in subsection (2). Fees paid shall be based on the fee schedule in effect on date of payment. 2. At the option of the subdivider of property within the area of benefit on which a subdivision or parcel map with four lots or less shall be recorded, the payment of fees may be deferred to the issuance of a building permit for each approved parcel. Page 3 the the for Or 3. If a parcel or lot has been created adoption of the resolution establishing the area fees shall be paid prior to the issuance of a buil each approved parcel or lot. 4. Notwithstanding the provisions 2 and 3 hereinabove, payment of fees shall not the following: of su be re (a) An application for building alteration or enlargement of an existing building or follows: buildings (b) Accessory buildings and stria private garages, barns, children's pl accessory to one -family or two-family dwelli (c) Outdoor advertising structure: (d) Wells. L. Funds. Fees paid pursuant to this secti deposited in a planned bridge facility and/or major t fund. A fund shall be established for each plar facility project and/or each planned major thoroughfai If the benefit area is one in which more than one br' major thoroughfare is required to be constructed, a sE may be established covering all of the bridge projE major thoroughfares in the benefit area. Moneys it shall be expended solely for the construction or rE for construction of the improvement serving the benefited and from which the fees comprising the collected, or to reimburse the City for the costs of E of the improvement. M. In Lieu Consideration. The City Council the acceptance of considerations in lieu of the paymo established herein. N. Advances. The City Council may advancement of money from the general fund to pay the constructing the major thoroughfare and/or bridge covered herein and may reimburse the general fun( advances from the bridge facility and/or major thorou( established pursuant to subsection L above. dinance 631 prior to of benefit, ding permit bsections 1 quired for permit for tructure. ctures, as ayhouse or ngs. on shall be horoughfare ned bridge e project. dge and/or parate fund cts and/or such fund imbursement rea to be fund were onstruction may approve nt of fees approve the costs of mprovements i for such jhfare funds O. Debt Incurred. The City may incur an interest bearing indebtedness for the construction of bridge ficilities or major thoroughfares, provided that the sole security for repayment of such indebtedness shall be money in the bridge facility or major thoroughfare funds. P. Reimbursement. If a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the City Council ma' enter into a reimbursement agreement with the subdivider. Suci agreement may provide for payments to the subdivider from the bridge it specific Llocated to Lng the area fund covers i a pro -rata ze projects facility and/or major thoroughfare fund covering th project to reimburse the subdivider for costs not a the subdivider's property in the resolution establish of benefit. If the bridge and/or major thoroughfare more than one project, reimbursement shall be made o basis, reflecting the actual or estimated costs of t covered by the fund. Page 4 Os dinance 631 MOVED, PASSED AND ADOPTED this 27th day of October , 1986. MA.OF THE CITY OF BEAUMONT CERTIFICATION I, Irene Joyce Sweeney , City Clerk of :he City of Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 13th day of October , 1986, and was duly adopted upon the second reading on the 27th day of October , 1986, upon the following roll c rote: AYES: Council Members Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 5