SEC. 15-237.  ESTABLISHING AN AREA OF BENEFIT; PUBLIC HEARING.
   (A)   Prior to establishing an area of benefit, a public hearing shall be held by the city council, at which time the city council shall consider:
      (1)   The boundaries of the area of benefit;
      (2)   The costs, whether actual or estimated, of the bridge and/or major thoroughfare improvements;
      (3)   A fair method of allocation of costs to the area of benefit and fee apportionment;
      (4)   How there is a reasonable relationship between the use of the fees and the type of development project, as defined in Cal. Gov't Code, Section 66000, on which the fee is proposed to be imposed;
      (5)   How there is a reasonable relationship between the need for the bridges or major thoroughfares to be financed from the proceeds of the fees and the type of development project on which the fee is proposed to be imposed; and
      (6)   How there is a reasonable relationship between the amount of the fee and the cost of the bridges and/or major thoroughfares or portion thereof attributable to the development on which the fee is proposed to be imposed.
   (B)   Notice of the public hearing shall be given pursuant to Cal. Gov't Code, Sections 65091 and 66016. In addition to the requirements of Cal. Gov't Code, Sections 65091 and 66016, such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment.
   (C)   (1)   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 benefitted 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 benefitted 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 protest 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  Any protests may be withdrawn by the owner's making the same, in writing, at any time prior to the conclusion of the public hearing.
      (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 benefitted by the improvement and sufficient protest 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 the written protest, commence or carry on any proceedings for the same improvements under the provisions of this division.
      (3)   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 abandoned and the city council shall not, for one year from the date of the decision of the city council on the hearing, commence or carry on any proceedings for that same portion of the improvement under the provisions of this division; provided, however that 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 benefitted are in favor of going forward with such portion of the improvement.
   (D)   (1)   If the city council finds that a majority protest has not been made, the city council shall decide whether or not to confirm the area of benefit and establish the fees applicable thereto.
      (2)   If the city council determines to confirm the area of benefit and establish fees applicable thereto, the city council shall announce its decision by resolution, a certified copy of which shall be recorded with the county recorder.  The resolution shall include:
         (a)   The purpose of the fee;
         (b)   The bridges and/or major thoroughfares to be financed from the proceeds of the fees;
         (c)   The costs, whether actual or estimated, of the bridge and/or major thoroughfare improvements;
         (d)   The method of fairly allocating the costs to the area of benefit and fee apportionment;
         (e)   A schedule of the fees established by such resolution;
         (f)   The determination of how there is a reasonable relationship between the use of the fees and the type of development project, as defined in Cal. Gov't Code, Section 66000, on which the fee is proposed to be imposed;
         (g)   The determination of how there is a reasonable relationship between the need for the bridges or thoroughfares to be financed from the proceeds of the fees and the type of development project on which the fee is proposed to be imposed; and
         (h)   The determination of how there is a reasonable relationship between the amount of the fee and the cost of the bridges and/or major thoroughfares or portion thereof attributable to the development on which the fee is proposed to be imposed.
      (3)   The fees and the area of benefit to which such fees are apportioned shall be established as set forth in a city council resolution.  Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof.
      (4)   Any fee established pursuant to this section shall become effective 60 days following the date of adoption of the resolution establishing such fee.
(`64 Code, Sec. 27-89.72)  (Ord. No. 2387)