(A) The City Council hereby sets and designates 7:00 p.m. on April 20, 1983, and the City Council Chambers of the City of Corona, 815 West Sixth, Corona, California, as the time and place of hearing on the fees to be paid by the owners of the excluded parcels as a condition of approval of a final subdivision map or final parcel map for the purpose of defraying the cost of the construction of the bridges and thoroughfares.
(B) Mailed notice of the time and place of the hearing shall be given by the City Clerk as provided in Cal. Gov’t Code § 65905. The notice shall contain preliminary information related to the boundaries of the Area of Benefit, estimated cost and the method of fee apportionment. The City Clerk shall mail the notice to the owner of each excluded parcel as the owners’ names and addresses appear on the last equalized assessment roll not later than ten days before the date of the hearing. The provisions of § 65905 with respect to notice by publication and posting shall not be applicable.
(C) At such public hearing, the boundaries of the Area of Benefit, the estimated costs of the construction of the bridges and thoroughfares and a fair method of allocating the cost to the Area of Benefit and apportioning the fees will be established. A description of the boundaries of the Area of Benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution to be adopted by the City Council. A certified copy of the resolution shall be recorded by the City Clerk with the County Recorder of the County of Riverside.
(D) Such apportioned fees when so established shall be applicable to all parcels of property in the Area of Benefit except parcels of property which are within the boundaries of Assessment District No. 79-2 and have been assessed for the cost of the construction of the bridges and thoroughfares. The payment of the assessments by the owners of the said parcels of property which have been so assessed shall be in lieu of the payment of fees hereunder or pursuant to the resolution. The assessments, which are security for the payment of principal and interest on the bonds of Assessment District No. 79-2 shall be and are accepted as consideration in lieu of the payment of fees hereunder and pursuant to the resolution.
(E) (1) The payment of fees pursuant to the resolution shall not be required unless:
(a) The thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the Area of Benefit at the time of the adoption of the boundaries of the Area of Benefit; or
(b) The bridges are original bridges serving the Area of Benefit 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.
(2) The City Council specifically finds that the thoroughfares are an addition to major thoroughfares serving the Area of Benefit and that the bridges will be original bridges serving the Area of Benefit or an addition to an existing bridge facility serving the Area of Benefit.
(F) Written protests to the establishment of such fees may be filed with the City Clerk up to the time of the commencement of the hearing. If within the time 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 benefitted by the construction of the bridges and thoroughfares, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, 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 bridges or thoroughfares. Any protest may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of the hearing.
(`78 Code, § 16.24.162.) (Ord. 1674 § 2, 1983.)