HomeMy WebLinkAboutNS-1829 - Adding Section 8-45 to Santa Ana Municipal Code Adopting a Major Thoroughfare and Bridge Fee ProgramCDG:jd
12/17/85
ORDINANCE NO. NS- 1829
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION
8-45 TO THE SANTA ANA 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 con-
dition of issuing a building permit for the purpose of de-
fraying 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 Santa
Ana does ordain as follows:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 8-45, which said sec-
tion reads as follows:
Sec. 8-45. 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, rail-
ways, freeways and canyons, or constructing major
thoroughfares.
b. Definitions.
(1) The term construction as used
in this section includes preliminary studies, de-
sign, acquisition of right-of-way, administration
of construction contracts, and actual construction.
(2) The term "major thoroughfare"
means those roads designated as transportation cor-
ridors and major, primary, secondary, or co~umuter
highways on the Master Plan of Arterial 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 highway system.
ORDINANCE NO. NS- 1829
Page two
(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
ca nyon.
(4) "Area of benefit" means a specified
area wherein it has been determined that the real
property located therein will benefit from the con-
struction 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.
f. Action to establish an area of benefit
may be initiated by the City Council upon its
motion or upon the recommendation of the Executive
Director of Public Service Agency. The City Council
shall set a public hearing for each proposed area
benefitted. Notice of the time and place of said
hearing including preliminary information related
to the boundaries of benefit, estimated costs and
the method of fee apportionment shall be given in
accordance with Government Code Section 65091.
g. 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, deter-
mine to establish an area of benefit, setting forth
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.
ORDINANCE NO. NS-1829
Page three
(1) 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 im-
provement cost apportioned to such lands from other
sources.
(2) 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 benefitted 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 benefitted, 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 meeting.
(3) If any majority protests are direc-
ted against only a portion of the improvement,
then all future 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 commending new proceedings
not including any part of the improvement so pro-
tested against. Such proceedings shall be commenced
by a new notice and public hearing as set forth in
subsection (f) above.
(4) Nothing in this section shall pro-
hibit 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 benefitted are in
favor of going forward with such improvement or
portion thereof.
ORDINANCE NO. NS-1829
Page four
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 areai
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. Monies in such fund shall
be expended solely for the construction or reim-
bursement for construction of the improvements
serving the area to be benefitted and from which
the fees comprising the fund were collected, to
reimburse the City for the costs of constructing
the improvement.
i. The City Council may approve the accep-
tance of consideration in lieu of the payment of
fees established herein.
j. The City Council may approve the advance-
ment 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 appliccant'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.
ORDINANCE NO. NS- 1829
Page five
SECTION 2: If any action, sentence, clause or phrase
of this Ordinance is, for any reason, held by a court Of compe-
tent jurisdiction to be invalid, such decision shall not affect
the validity of the remaining portions of this Ordinance. The
City Council of the City of Santa Ana hereby declares that it
would have passed and does hereby pass this section
and each sentence, section, clause and phrase hereof, irrespec-
tive of the fact that any one or more sections, sentences,
clauses or phrases be declared invalid or unconstitutional.
ADOPTED this 20th day of January , 1986.
Daniel E. Griset, Mayor
ATTEST:
~clnice C. Guy,
erk of the Council~
COU NCI LMEMBERS:
Griset Aye
Johnson Aye
Acosta Aye
Hart Aye
Luxembourger Aye
McGuigan Aye
Young Aye
APPROVED AS TO FORM:
C~r~t~er'