(A) Purpose. The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a parcel or final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing storm drains, sanitary sewers, bridges or major thoroughfares pursuant to Cal. Gov’t Code §§ 66483 and 66484, and to implement the transportation element of the general plan.
(B) Definitions. For the purposes of this section, the following words and phrases shall be construed as defined in this division.
CONSTRUCTION. Design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections.
MAJOR THOROUGHFARE. A public roadway as shown on the transportation element of the general plan whose primary purpose is to carry through traffic and/or provide a network connecting to the state highway system.
(C) Payment of fees.
(1) Prior to recording a parcel or final map that includes land within an area of benefit established pursuant to this section, a subdivider shall pay or cause to be paid any fees established and apportioned to the property pursuant to this section for the purpose of defraying the actual or estimated cost of construction.
(2) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, an applicant for the 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 construction, unless the fees have been paid pursuant to division (C)(1) above.
(3) Notwithstanding the provisions of divisions (C)(1) and (2) above:
(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 or reconstruction of any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit. Bridge fees shall not be expended to reimburse the cost of existing bridge facility construction.
(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 boundaries of the area of benefit.
(D) Consideration in lieu of fees. Upon application by the subdivider or applicant for a building permit, the Board of Supervisors may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the Board of Supervisors finds, upon recommendation of the County Engineer:
(1) That the substitute consideration has a value equal to or greater than the fee required pursuant to this section; and
(2) That the substitute consideration is in a form acceptable to the Board of Supervisors.
(E) Public hearing. Prior to establishing an area of benefit, a public hearing shall be held by the Board of Supervisors 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 shall be established. Notice of the public hearing shall be given pursuant to § 23.07.006 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.
(F) Amount. The amount of the fee and the area of benefit established pursuant to this section may be established by ordinance or resolution.
(G) Exemptions. The provisions of this section shall not be applicable to the issuance of building permits for the following type of development:
(1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided that the total value, as determined by the Building Official, of all such alteration, enlargement or construction completed after the effective date of the ordinance codified in this title does not exceed 15% of the current building size (square feet), as determined by the Building Official, of all existing buildings on the lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by § 501 of the Uniform Building Code;
(2) The following accessory buildings and structures: private garages, children’s playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to single or duplex family dwellings.
(H) Protest.
(1) At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, a protest by the owners of more than one-half of the area of the property to be benefitted by the improvement may be recorded with the Clerk of the Board. The protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the property, and, if the signers are not shown on the latest equalized assessment roll as the owners of the property, must contain or be accompanied by written evidence that the signer are the owners of the property. Any protest may be withdrawn, in writing, by the owners making the protest, at any time prior to the conclusion of the public hearing.
(2) If there is a written protest submitted with the Clerk of the Board 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 to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned and the Board of Supervisors shall not, for one year from the submitting of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested, under the provisions of this section.
(1966 Code, § 17-61) (Ord. 617, § 2(part))