16.36.090 Bridge crossing and major thoroughfare fees.
A. The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a parcel or final map or as a condition of issuing a building permit for the purposes of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the State Subdivision Map Act.
B. Whenever the following words are used in this section, they shall have the following meaning:
1. “Construction” means design, acquisition of right-of-way, administration of construction contracts and actual construction.
2. “Major thoroughfare” means a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through traffic and provide a circulation network for the City of Sebastopol.
C. Whenever this section refers to the Circulation Element of the General Plan or to the transportation or flood control provisions thereof, it shall mean the Circulation Element of the General Plan and the transportation and flood control provisions thereof heretofore adopted by the City pursuant to Chapter 3 of Title 7 of the State Government Code, together with any additions or amendments thereto hereafter adopted.
D. Prior to filing a parcel or final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees established and apportioned to the property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges or constructing major thoroughfares.
E. 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 or constructing major thoroughfares, unless such fees have been paid pursuant to subsection D of this section.
F. Notwithstanding the provisions of subsections D and E of this section:
1. 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.
2. 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.
G. Prior to establishing an area of benefit, a public hearing shall be held by the City Council, 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. The notice of such hearing shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.
H. 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 written 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 protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same 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 City Clerk and no other protests or objections shall be considered. Any protests may be withdrawn by the owner’s making the same, in writing, at any time prior to the conclusion of the public hearing.
I. If there is written protest filed with the City Clerk 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 to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provision of this section. 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 may commence new proceedings not including any part of the improvement or acquisition so protested against. 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 a 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 portion of the improvement or acquisition.
J. If the City Council finds that a majority protest has not been made, they shall make the determinations required by subsection G of this section and decide whether or not to confirm the area of benefit. The City Council shall announce its decision by resolution, which shall be recorded with the office of the County Recorder. There are hereby established fees for the purposes of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the City Council may adopt pursuant to this section. The fees and the area of benefit to which such fees are apportioned shall be established as set forth in the resolution. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as condition of approval of a parcel or final map or as a condition of issuing a building permit for such property or portions thereof.
K. Notwithstanding the provision of subsection J 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, the total value, as determined by the Planning Director, 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 Planning Director, 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, workshops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.
L. Upon application by the subdivider or applicant the City Council may accept consideration in lieu of fees required pursuant to this section, provided:
1. The City Council finds upon recommendation of the City Engineer the substitute consideration has a value equal to or greater than the fee; and
2. The substitute consideration is in a form acceptable to the City Council.