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.010 Where the City Council finds that, upon development of an undeveloped or substantially undeveloped area of the City, said area cannot be adequately served or protected by existing police protection facilities, the City Council may by resolution establish a police protection facilities plan for the providing of new police protection facilities for said area. The term "police protection facilities" as used herein shall include the land, structures and equipment as determined by the City Council to be reasonably necessary to provide adequate police protection for the area of benefit. Said police protection facilities plan shall establish the boundaries of the area of benefit, the actual or estimated cost of said facilities, and the method of apportionment of the cost of said facilities.
.020 The City shall require a subdivider or developer of property (hereinafter referred to jointly as "subdivider") to pay such fees as established in the police protection facilities plan as a condition of approval of any final map or parcel map having boundaries wholly or partly within an established area of benefit or, in the event said property is to be developed without subdivision, as a condition of issuance of building permits for such development; provided, however, in the event such fees are, in whole or part, imposed upon or measured by any buildings, including but not limited to the number, type or size of such buildings, to be constructed upon property within an established area of benefit, such fees shall be required to be paid prior to, and as a condition of, issuance of building permits for any such building. The term "building" as used herein shall have the same meaning as set forth in the Uniform Building Code adopted pursuant to Title 15 of this Code. Any fees collected by the City pursuant to this section shall be deposited in a police protection facilities fund for the benefit area and shall be expended only for the purposes set forth in the police protection facilities plan for such benefit area.
.025 Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.
.030 The City may require that a subdivider install or furnish all or any portion of the facilities specified in said police protection facilities plan, including facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision or the property being developed by the subdivider, and that said facilities be dedicated to the public, as a condition of approval of any final map or parcel map, or as a condition of issuance of building permits for development of any property, having boundaries wholly or partly within the area of benefit.
.040 If a subdivider is required to install, furnish or finance the cost of facilities which include facilities of a supplemental size, capacity or number for the benefit of property any portion of which is outside the boundaries of said subdivision or property being developed, but within an established area of benefit, the City shall enter into a reimbursement agreement with such subdivider to reimburse such subdivider from fees received by the City pursuant to subsection .020 of this section for that portion of the actual cost of said facilities in excess of said subdivider's pro rata share thereof as determined pursuant to the provisions of said police protection facilities plan.
.050 Prior to establishing any area of benefit or police protection facilities plan pursuant to this section, the City Council shall hold a public hearing regarding the proposed facilities plan, including the boundaries of the proposed area of benefit. Notice of such public hearing shall be given by mailed notice to each owner of land within the proposed area of benefit, with postage prepaid, using addresses from the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses. Alternatively, notice may be given by both publication at least ten calendar days before the hearing in a newspaper of general circulation, published within the City and circulated within the proposed area of benefit, and by posting such notice in conspicuous places upon property within the proposed area of benefit. Such notice shall contain preliminary information concerning such facilities plan, including the proposed general boundaries of the area of benefit, the facilities planned for the area of benefit and estimated costs thereof, and the proposed method of fee apportionment.
.052 At the public hearing the City Council shall 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 or overruled as provided in subsection .054 of this section, determine to establish the Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment.
.054 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 included in the area of benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Facilities Plan.
.056 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law.
.060 The City Council may from time to time, by resolution, revise or amend the amount of the fees theretofore established and to be collected pursuant to this section, provided that any revision or amendment to the method of fee apportionment shall be approved only following a public hearing thereon, duly noticed in the manner set forth in subsection .050 of this section. (Ord. 4544 § 1; October 2, 1984; Ord. 4748 § 2; August 26, 1986; Ord. 4993 § 1 (part); February 7, 1989.)