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.
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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
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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.
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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
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of benefit,
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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.
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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.
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