§ 13.01.020. County road improvement fee.

(a)

A road improvement fee is established as a condition of any new development for which any of the following approvals or permits is required:

(1)

Approvals of land divisions pursuant to Title 21 of this code, including the approval of lot line adjustments, certificates of compliance, parcel maps, tract maps and condominium conversions;

(2)

Land use approvals pursuant to Title 22 of this code, including the approval of development plans, site plans, minor use permits, and variances, but excepting approval of county general plan/land use ordinance amendments;

(3)

Approvals of any application filed pursuant to the county coastal zone land use ordinance, Title 23, and portions of Title 8 and Title 19 of this code, including the approval of coastal development permits, development plans, site plans, minor use permits, and variances, but excepting local coastal plan/coastal zone land use ordinance amendments;

(4)

For the issuance of any building permit; and

(5)

All other approvals of real property development, which approvals are subject to the jurisdiction of the county and which approvals are subject to the exercise of the discretion of the board of supervisors, the county planning commission, the planning director of the county, or the chief building official of the county.

(b)

The said road improvement fee is established in order to pay for road facilities and improvements the need for which is reasonably related to new development within the county. From time to time, the board of supervisors shall, by resolutions, set forth the specific amount of the fee for various areas of the county, describe the benefit and the benefit area for which the road improvement fee is imposed, list the specific road facilities and improvements to be financed, describe the estimated costs of these facilities and improvements, describe the reasonable relationship between this road improvement fee and the various types of new developments and set forth the time for payment of this road improvement fee.

Each said fee resolution shall set forth the time that developers shall pay this road improvement fee as follows:

(1)

For new development other than solely residential, such as commercial, commercial/residential, industrial or agricultural, the resolution shall provide for payment of the road improvement fee at one of the following times:

a.

Prior to issuance of any permit or approval required for the new development;

b.

Prior to issuance of any building permit required for the new development; or

c.

Prior to issuance of any certificate of occupancy required for the new development.

(2)

For new development that is solely residential, the resolution shall provide for payment of the road improvement fee at one or more of the times required or permitted by Section 66007 of California Government Code, enacted by Chapter 912, Statutes of 1988, or as section may hereafter be amended from time to time or, if said Section 66007 is not applicable, then at one of the following times:

a.

Prior to issuance of any permit or approval required for the new residential development;

b.

Prior to issuance of any building permit required for the new residential development; or

c.

Prior to issuance of any certificate of occupancy required for the new residential development.

On an annual basis, the board of supervisors shall review this road improvement fee to determine the fee amounts and whether said fee is reasonably related to the impacts of developments and whether the described road facilities and improvements are still needed.

(Ord. 2379 § 1 (part), 1988)