(a) There
is re-established a Carlotti Drive/Donovan Road circulation improvement
area fee to be paid by every new development bounded by U.S. 101,
Donovan Road and Bradley Ditch, as shown on and attached to Ordinance
83-1064 as Exhibit "B" and made a part of this section by reference.
(b) Revenues
raised by the fee shall be placed in a separate account. These revenues,
and any interest earned on them, shall be used exclusively by the
City to pay for design, construction and right-of-way acquisition
for the relocation of the U.S. 101 northbound on/off ramps to the
intersection of Donovan Road and Carlotti Drive and the installation
of a traffic signal as indicated in the portion of the Carlotti Drive/North
Broadway Circulation Study attached to Ordinance 83-1064 as Exhibit
"A" and made a part of this section by reference.
(c) The
fee charged shall be in accordance with the Schedule of Fees and Charges
following the text of this Code, provided however that the fee shall
be revised each year by resolution of the City Council to reflect
the increase or decrease in construction costs on the basis of a factor
recommended by the Director of Public Works, which factor shall be
based upon the Engineering News Record Cost of Construction Index
published by McGraw-Hill Publishing Company.
(d) Notice
of any public hearing on the revision of the fee shall be given by
the City in conformity with the requirements of Government Code Section
54992 et seq. and Section
2-24.101 et seq. of this Code.
(e) Prior
to the issuance of any building permit (or, in the case of residential
development, pursuant to Government Code Section
53077.5), the developer
of any property included within the description set forth in the Schedule
of Fees and Charges following the text of this Code under "Carlotti
Drive/Donovan Road traffic circulation improvement area fee" shall
pay the current fee in cash to the City.
(Ord. 83-1064 §§ 1,
2—6, eff. 12/15/83; Ord. 87-6 §§ 1, 2, eff. 3/19/87; Ord. 88-22 § 2(D),
eff. 1/5/89)