Ordinance Number 5521.
ORDINANCE NO. 552 1.
TO TITLE 9 OF THE MUNICIPAL CODE -
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-2.318 TO TITLE 9
OF THE CITY'S MUNICIPAL 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 San
Juan Capistrano hereby ordains as follows:
SECTION 1.
Section 9-2.318 is hereby added to the City's Municipal
Code to read in its entirety as follows:
"Section 9-2.318. 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 Arterials Highways, the Circulation
Element of the General Plan. The
primary purpose of such roads is to
carry through traffic and provide a
network connecting to the State highways
system.
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0A"(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.
"(4) 'Area of benefit' means a specific 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 on land
located within the boundaries of the area of
benefit.
"d. Payment of fees shall not be required unless
any major thoroughfares 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 serving the area at
the time of the adoption of the boundaries of
the area of benefit.
,If. 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 Works. 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:
"(1) Notice 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 ar'ea of
benefit.
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"(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 to
all Municipal Advisory Committees
and known Homeowners' Associations
within the proposed area of
benefit.
"(e) Noticeby first-class mail to any
person who has filed a written
request therefor with the Director
of Public Works. 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
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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
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 (f) 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 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 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.
Moneys in such funds 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.
a0
"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 from 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 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."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. Citv Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and posted at the duly designated posting places within the
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 17th day of
September , 1985,
PHILLIFrR. SCHWARTZE YOR
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 552 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on August 20 1985 , and
adopted at a meeting held on September 17 1985 by the
following vote:
AYES: Councilmen Buchheim, Hausdorfer and
Mayor Schwartze
NOES: Councilmen Friess and Bland
ABSENT: None
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(SEAL)
`MARY ANYHANOVER, CITY CLERK
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