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HomeMy WebLinkAboutOrd 10-94 Subdiv to Areas BenefC'rTY OF DUBL'rN Ordinance No. 10-94 AN ORDINANCE~DING SECTION 9.~6.L20 TO CHAPTER 9.L6 OF THE DUBLIN MUNICIPAL CODE RELATING TO SUBDIVISION8 TO AREAS OF BENEFIT The City Council of the City of Dublin does ordain as follows: 8eotion L Section 9.16.120 is added to Chapter 9.16 of the Dublin Municipal Code to read as follows: Sec. 9.16.120 Bridqes and Major Thoroughfares. A. Purpose. The purpose of this section is to make provisions for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges or major thoroughfares pursuant to Section 66484 of the Subdivision Map Act, and in order to implement the Circulation and Scenic Highways Element of the General Plan and, in the case of bridges, the transportation provisions thereof, and to implement adopted specific plans including the Eastern Dublin Specific Plan. B. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: (1) "Construction" shall mean design, acquisition' of right-of-way, administration of construction contracts, actual construction and inspections. (2) "Major thoroughfare" shall mean a roadway as shown in the Circulation and Scenic Highway Element of the General Plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system. C. Payment of Fees Generally. (1) Prior to filing a final map which includes land within an area of benefit established pursuant to this Subsection C, the subdivider shall pay or cause to be paid any fees established and apportioned to such property pursuant to this section and any resolution adopted pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons and/or constructing major thoroughfares. (2) 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 over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection (C) (1) of this section. (3) Notwithstanding the provisions of subsections (C) (1) and (C)(2) of this section: (a) 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. (b) 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. D. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the City Council first finds, upon recommendation of the Public Works Director, that the substitute consideration has a value equal to or greater than the fee; and provided further that the substitute consideration is in a form acceptable to the City Council. E. Public Hearing. 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. Notice of the public hearing shall be given pursuant to Government Code Section 65091 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the public hearing. F. Amount. The amount of the fees and the areas of benefit established pursuant to this section may be established by resolution. G. Exemptions. Notwithstanding the provisions of subsection (F), the Council may provide an exemption from payment of such fees in the resolution establishing the area of benefit and amount of fees. H. Protest. (1) At any time not later than the hour set for hearing objections to the proposed bridge facility and/or major thoroughfare, any owner of property to be benefited by the improvement may file a 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 protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, 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 no later than 5:00 p.m. on the day of the public hearing and no other protest or objections shall be considered. Any protests may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing. (2) If there is a 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 (1) year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of this section. I. Funds. Fees paid pursuant to this section shall be deposited into the City's Capital Projects Fund. A separate account within such Fund shall be established for each bridge facility project or each major thoroughfare project. Money in'such accounts shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the account were collected, or to reimburse the local agency for the cost of constructing the improvement. Section Z. Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 24th day of October , 1994, by the following vote: AYES: NOES: ABSENT: Councilmembers Houston, HOward and Mayor Snyder None Councilmembers Burton and Mof~// Mayor ATTEST: ~ C~er~(