Loading...
HomeMy WebLinkAboutORD 070 1986 0505ORDINANCE NO. 70 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTERS 7.20 AND 7.25 AND BY REPEALING SECTION 8297 OF THE CODIFIED ORDINANCES OF THE COUNTY OF VENTURA RELATIVE TO IMPROVEMENT FEES AND REIMBURSEMENTS. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the Moorpark Municipal Code is hereby amended by adding Chapter 7.20 to read as follows: Chapter 7.20 IMPROVEMENT FEES 7.20.010 Cost of bridges or major thoroughfares A. Conditions. Pursuant to Sections 66484 and 66489 of the Government Code of California, the city may require the payment of a fee as a condition of approval of a final subdivision map or as a condition of issuing a building permit, for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares, upon compliance with the procedure and conditions set forth in this section. B. General Plan. Such construction shall comply with the circulation element of the general plan of the city and, in the case of bridges, to the transportation or flood control provisions thereof which identify railways, freeways, streams or canyons for which bridge crossings are required on said general plan or local roads and in the case of major thoroughfares, to the provisions of such circulation element which identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system; provided, such circulation element, transportation or flood control provisions have been adopted by the city thirty days prior to the filing of the map or the application for the building permit. C. Public Hearing. Payment of a fee shall not be required nor made a condition for approval of a -1- CJK/ORD3260 subdivision map nor made a condition for the issuance of a building permit until the area benefited shall be determined by the city council. There shall be a public hearing held by the city council for each area benefited. (1) Notice of the hearing before the city council shall be given pursuant to Government Code Section 65091 at least ten calendar days before the hearing date. (2) Such notice shall also contain preliminary information related to the boundaries of the area of benefit, estimated cost of construction, and 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 such proceedings. D. Establishment of area of benefit. (1) If there is no majority protest at the conclusion of the public hearing, the city council by resolution shall establish the boundaries of the area of benefit, the cost, whether actual or estimated, of construction and a fair method of allocating the cost to the area of benefit and fee apportionment. A certified copy of such resolution shall be recorded by the city clerk with the County Recorder of Ventura County. (2) The term "construction" includes design, acquisition of right -of -way, administration of construction contracts and actual construction. (3) The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. (4) Payment of fees with respect to a major thoroughfare shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major -2- CJK/ORD3260 thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. (5) Payment of fees with respect to a bridge facility 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 the adoption of the boundaries of the area of benefit. Such fees shall not be expended to reimburse the cost of existing bridge facility construction. (6) 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. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provision for payment of the share of improvement costs apportioned to such lands from other sources. E. Majority protest. (1) Written protests against the proposed improvement, the requirement of payment of fees, the apportionment of the fees or the determination of the boundaries of the area of benefit may be filed with the city clerk at any time prior to the hour set for the public hearing. If written protests are duly filed by the owners of more than one -half of the area of the property to be benefited and sufficient protests are not withdrawn in writing by protesting owners prior to the conclusion of the public hearing 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 year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section. (2) If the majority protest is directed against only a portion of the improvement, then all -3- CJK/ORD3260 further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council may commence new proceedings not including any part of the improvement or acquisition so protested against. (3) Nothing in this section shall prohibit the city council, within the one -year period, from commencing and carrying on new proceedings for the construction of a portion of the improvements 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 benefited are in favor of going forward with such portion of the improvement or acquisition. (4) Nothing in this section shall preclude the processing and recordation of maps in accordance with other provisions of the law and ordinances relating to maps if the proceedings are abandoned. F. Fees. (1) Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Money in the fund 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 fund were collected, or to reimburse the city for the cost of constructing the improvement. (2) In lieu of the payment of fees, the city may accept other considerations which it deems equivalent. (3) The fees collected shall be paid to the city or the subdivider constructing the bridge facility or major thoroughfare, and the city -4- CJK/ORD3260 may enter into a reimbursement agreement with the subdivider. (4) The city may advance money from its general fund or road fund to pay the cost of constructing improvements and may reimburse the general fund or road fund for any advances from planned bridge facility funds or major thoroughfare funds established to finance the construction of those improvements. G. Interest - bearing indebtedness - Other funds. (1) The city, when imposing fees pursuant to this section, may incur an interest - bearing indebtedness for the construction of such bridge facilities or major thoroughfares; provided that the sole security for repayment of such indebtedness shall be moneys in the planned bridge facility or major thoroughfare funds. (2) Nothing in this section shall preclude the city from providing funds for the construction of bridge facilities or major thoroughfare in order to defray costs not allocated to the area of benefit. SECTION 2. That the Moorpark Municipal Code is hereby amended by adding Chapter 7.25 to read as follows: Chapter 7.25 REIMBURSEMENTS 7.25.010 Supplemental improvements required. The city council may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that such improvements shall be dedicated to the public. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time. 7.25.020 Reimbursement agreement. The city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such supplemental improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The amount -5- CJK/ORD3260 of the reimbursement shall be determined by the following procedure: (1) The subdivider shall submit three bids from licensed contractors, approved by the city engineer, estimating the cost of constructing the improvements with supplemental size, capacity, number or length, as well as the cost of the improvements for the subdivision only. (2) The amount of the reimbursement shall be the lowest difference on the submitted bids between the estimate with supplemental size, capacity, number or length and the estimate of the improvements for the subdivision only. The bid upon which the determination is made need not be the bid chosen by the developer for construction of the improvements. 7.25.030 Method of reimbursement. In order to pay the costs as required by the reimbursement agreement, the city may: (1) Collect from other persons, including public agencies, using such supplemental improvements for the benefit of real property not within the subdivision, a reasonable charge for such use. (2) Contribute to the subdivider part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider. (3) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited. 7.25.040 Reimbursement for bridges or major thoroughfares. The city council may establish an area of benefit pursuant to Section 7.20.010 and may impose a reasonable charge on property within the area which, in the opinion of the city council, is benefited by the construction of the bridge or major thoroughfare. The charge collected -6- CJK/ORD3260 shall be paid to the city or subdivider constructing the bridge or major thoroughfare, and the city may enter into a reimbursement agreement with the subdivider. SECTION 3. That the Codified Ordinances of the the County of Ventura, adopted by City Ordinance No. 6, is hereby amended by repealing Section 8297. SECTION 4. That this ordinance shall take effect 30 days after final passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 5th day of Ma SM. ATTEST: City Clerk sn", '(/l) A'L May of the City of Moorpark, California -7- CJK/ORD3260 i STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORiS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 70 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 5th day of May , 19 86, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Prieto, Yancy- Sutton, Woolard and Mayor Weak; NOES: None; ABSENT: Councilmember Ferguson. WITNESS my hand and the official seal of said City this 5th day of May , 19 86 (SEAL)