Chino Hills Municipal Code Ch. 2 Transportation Facilities Financing

The intent of this chapter is to require the payment of transportation facilities fees for new development that is within the boundaries of an adopted Local Area Transportation Facilities Plan. Such fees shall be for the purposes of defraying the actual or estimated costs of constructing transportation facilities that are necessary to accommodate vehicular traffic generated by new development within the Local Area Transportation Facilities Plan from which such fees are collected. The authority for this chapter is derived from the power granted to local governments by the Constitution of the State of California to preserve the public health, safety and general welfare.

(a) The provisions of this chapter shall only effect those unincorporated portions of the County that are within the boundaries of an adopted Local Area Transportation Facilities Plan.

(b) The Board of Supervisors, in adopting or amending a Local Area Transportation Facilities Plan, shall do all of the following:

(1) Identify the purpose of the fee.

(2) Identify the uses which are supportive of the fee and the transportation facilities which will be provided with the fees.

(3) Determine that a reasonable relationship exists between the fee's use and the type of development project on which the fee is imposed.

(4) Determine that a reasonable relationship exists between the need for the transportation facilities and the type of development project on which the fee is imposed.

(5) Determine that a relationship exists between the amount of the fee and the cost of the Transportation Facility, or portion thereof, attributable to the development on which the fee is imposed.

(c) The transportation facilities which constitute major thoroughfares as set forth in California Government Code Section 66484 and the railways, freeways, streams or canyons for which bridges are required, shall be identified in the circulation, transportation or flood control element of the County General Plan in the area of Local Area Transportation Facilities Plan at least 30 days prior to implementation of a fee for such facilities. Major thoroughfares shall be in addition to, or a reconstruction of, existing major thoroughfares, and bridges shall be original bridges or additions to existing bridges.

(d) Local Area Transportation Facilities Plans and/or the transportation facilities fee may be adopted by the Board, and thereafter amended at any time, only after holding a public hearing. The requirements of California Government Code Section 66004 shall be followed prior to holding a public hearing establishing or increasing a fee for transportation facilities, and, if major thoroughfares or bridges are included, the provisions of California Government Code Section 66484 shall also be followed.

(e) A public hearing concerning fees to construct major thoroughfares or bridges is subject to protest by the owners of property within the Plan area. If, prior to the conclusion of such a public hearing, there is a written protest, filed with the Clerk of the Board of Supervisors, by the owners of more than one-half of the area of the property to be benefited 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 benefited, then the proposed proceedings shall be abandoned, and the Board of Supervisors shall not, for the 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 Section 66484 of the California Government Code.

(f) Adopted Local Area Transportation Facilities Plans and any subsequent amendment of such plans shall be filed with the Clerk of the Board of Supervisors and any ordinance which implements a fee for major thoroughfares or bridges within a Local Area Transportation Facilities Plan shall be recorded with the Recorder of the County of San Bernardino.

(a) Except as otherwise provided in Section 811.027 and Section 811.0230, whenever a building or mobilehome setdown permit is issued within the boundaries of an adopted Local Area Transportation Facilities Plan, transportation facilities fees shall be required in the amount specified in the Schedule of Fees for such plan, and shall be paid within the time periods specified in Subsections 811.0210(b), (c) and (d).

(b) Fees required pursuant to this chapter as a result of a building permit shall be paid no earlier than the date of issuance of the building permit by the Office of Building and Safety, and no later than the date of final building inspection.

(c) Fees required pursuant to this chapter for those mobile homes not located within a legally established Mobilehome Park shall be paid no earlier than the date of issuance of the mobilehome setdown permit and not later than the date of the issuance of the Certificate of Occupancy.

(d) Fees required pursuant to this chapter for those mobilehomes to be located within a legally established Mobilehome Park shall be paid no earlier than the date of issuance of the building permit for the construction of each space or combination of spaces, and no later than the date of final inspection for such spaces.

(e) The amount of the fee required shall be that which is in effect in the Schedule of Fees for the applicable Local Area Transportation Facilities Plan on the date of payment of such fees.

(a) Transportation facilities fees, required pursuant to this Chapter, within the boundaries of a Local Area Transportation Facilities Plan shall be deposited into a Local Transportation Facilities Fund. A separate fund shall be established for each Local Area Transportation Facilities Plan and fees collected within the boundaries of such plan shall be deposited into the applicable fund. Any interest income earned by money in the fund shall also be deposited in the fund. Such fees shall cease to be required within the boundaries of a Local Area Transportation Facilities Plan when they have been collected in an amount adequate to pay for all of the transportation facilities proposed in such Plan.

(b) Monies in a Transportation Facilities Fund shall be expended solely for the construction, financing or purchase of transportation facilities within the boundaries of the Local Area Transportation Facilities Plan from which the fees comprising the fund were collected, and/or to reimburse the County for the cost of engineering, property acquisition and administrative services required to design, finance, construct or purchase facilities in the Local Area Transportation Facilities Plan.

(c) Monies may be advanced by the County to design, construct, finance, or purchase transportation facilities, or related administrative services, and to acquire necessary property or right-of-way within the boundaries of an adopted Local Area Transportation Facilities Plan. Money so advanced shall be reimbursed to the County from the applicable Local Transportation Facilities Fund.

(a) Fees assessed on new residential and non-residential development within the boundaries of an adopted Local Area Transportation Facilities Plan shall not exceed the estimated cost of providing the transportation facilities identified in the applicable Local Area Transportation Facilities Plan. For the purposes of this Chapter, the types of structures and/or uses defined as non-residential shall be as specified in each separate Local Area Transportation Facilities Plan.

(b) Specific fees required for new development shall be calculated as prescribed by the applicable Local Area Transportation Facilities Plan.

(a) ADVANCES

An agreement may be entered into between a developer and the County whereby the developer may advance money for the construction, financing or purchase of facilities, or design of such facilities, within the boundaries of a Local Transportation Facilities Plan, provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the applicable Local Transportation Facilities Fund. Reimbur-sement shall only be for the amount agreed upon in advance, and shall not include interest or other charges. The total amount of money reimbursed within a Local Area Transportation Facilities Plan for one fiscal year shall not exceed approximately twenty-five percent (25%) of the fees collected within such plan area during the same fiscal year, except as may otherwise be provided in the applicable Local Area Transportation Facilities Plan. The agreement shall expire twenty (20) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to the developer whose agreement has expired.

(b) AGREEMENTS FOR CONSIDERATION IN-LIEU OF FEES

An agreement may be entered into between a developer and the County whereby considerations such as dedication of land, right-of-way, equipment, facilities, actual construction, or design work by a civil engineer may be accepted in-lieu of part or all of the payment of transportation facilities fees. Prior to approving such an agreement, the Board of Supervisors shall find that the in-lieu consideration is equal to or greater in value than the required fee.

(a) Intent

The intent of this section is to exclude from the payment of transportation facilities fees the replacement of structures or uses with new structures or uses, that generate the same or a lesser amount of vehicular traffic than those being replaced on the same parcel, including:

(1) Legally established existing structures, or uses in operation (including mobilehome parks), on the effective date of the applicable Local Area Transportation Facilities Plan. Expansion of such structures or uses shall be subject to such fees.

(2) Replacements of structures or uses for which fees have been paid pursuant to this Chapter where such replaced structure or use generates the same or less traffic as the structure or use for which the fees were originally paid.

(b) Residential Exclusions

No transportation facilities fees shall be required for residential building permits or residential mobilehome setdown permits for the following:

(1) Alterations, repairs, and construction of garages, carports, accessory storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, amateur radio devices or earth stations or any other residential accessory structures.

(2) Replacement of a legally established residential dwelling unit, including a unit destroyed or damaged by fire, flood, or other accidents or catastrophe provided that:

(A) Such a replacement will not result in an increase in the number of residential dwelling units, and;

(B) The proposed type of residential dwelling unit (i.e., single family, multi family, mobilehome, etc.) is within a fee category, as identified in the applicable Local Area Transportation Facilities Plan, for which the per-dwelling unit fee amount is less than or equal to the per-dwelling unit amount of the fee category for the dwelling unit to be replaced. If the proposed type of residential dwelling unit is within a fee category for which the fee amount is greater than the amount of the fee category for the dwelling unit being replaced, the amount of the fee required shall be the difference between the two fee categories.

(c) Non-Residential Exclusions

No transportation facilities fees shall be required for non-residential uses or buildings for the following activities:

(1) Alterations and Repairs.

(2) Replacement of non-residential structures or uses if:

(A) New or replacement construction will not increase the area or square footage upon which fees are assessed as prescribed in the applicable Local Area Transportation Facilities Plan; and

(B) The proposed type of structure or use is within a fee category (as identified in the applicable Local Area Transportation Facilities Plan) that has a fee amount that is less than or equal to the amount of the fee category for the structure or use to be replaced. If the proposed type of structure or use is within a fee category that has a fee amount that is greater than the amount of the fee category for the structure or use being replaced, the amount of the fee required shall be the difference between the two fee categories.

(d) Relationship To Other Transportation Facilities Assessments

The provisions of this Chapter shall not be applicable to property subject to other assessments which wholly provide for the same transportation facilities as the applicable Local Transportation Facilities Plan. Where such assessments partially provide for such facilities the fees or in lieu considerations required through the Local Area Transportation Facilities Plan shall be imposed at a level that only reflects the additional costs of providing the facilities.

(a) Commencing on the seventh year after impositions of a fee for a Local Area Transportation Facilities Plan and annually thereafter, the Board shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owners of lots or units in development projects within the Plan areas on a prorata basis any such unexpended or uncommitted fees plus interest accrued thereon, for which the Board is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. Refunds shall be made in accordance with California Government Code Section 66001.

(b) After completion of facilities and the payment of all claims from any Local Transportation Facilities Fund, the Board shall determine by resolution or other legislative action the amount of the surplus monies, if any, remaining in any of these funds. Any surplus shall be refunded in accordance with California Government Code Section 66001.

The provisions of this chapter shall be applied only to unincorporated areas within the boundaries of Local Area Transportation Facilities Plans that have been established by the Board of Supervisors, and shall have no force or effect in any other portion of the County. These areas shall be as follows:

(a) The Yucaipa Plan area is established as follows: That portion of Sections 24, 25, and 26, and Sections 31 through 36, inclusive, Township 1 South, Range 2 West, SAN BERNARDINO MERIDIAN, and Section 19 through 36, inclusive, Township 1 South, Range 1 West SAN BERNARDINO MERIDIAN, and portions of Sections 1 through 12 inclusive, Township 2 South, Range 1 West, SAN BERNARDINO MERIDIAN, and that portion of the North half of Township 2 South, Range 2 West, SAN BERNARDINO MERIDIAN, lying North of Riverside County line and Northeasterly of Interstate Freeway Route 10, in the County of San Bernardino, State of California, described as follows; Beginning at the Northwest corner of Block 24, Crafton Tract, as per map recorded in Book 3, page 14, Records of said County; thence Easterly along the North line of Blocks 24 and 23, said Crafton Tract, to the Northwest corner of Lot 3, Block 78, Rancho San Bernardino, as per map recorded in Book 7 of Maps, page 2, records of said County; thence East, along the North line of said Lot 3, to the West line of said Section 32; thence East, along the North line common to said Sections 32 through 34, inclusive:

Thence Northeasterly, to the Southwest corner of Section 24, said Township 1 South, Range 2 West; thence North, along the West line of said Section 24, to the Northwest corner thereof; thence Easterly, approximately 7 miles, along the North line of said Section 24 and the North line common to Sections 19 through 24, inclusive, Township 1 South, Range 1 West, to the SAN BERNARDINO MERIDIAN; thence Southerly along said meridian, to the San Bernardino-Riverside County line, said point being also the Southeast corner of Section 12, Township 2 South, Range 1 West, SAN BERNARDINO MERIDIAN; thence West along said County line, to the Southwesterly right-of-way line of Interstate Freeway Route 10, as it now exists; thence Northwesterly, along said State Freeway right-of-way to the Redlands City Limits, now existing, said limits being also the West line common to Lots 5, 6, and 7, Block 27, of said Map of Rancho San Bernardino; thence North, along said City limits approximately one mile, to the point of beginning.

(b) The High Desert Plan area is established as follows: Those portions of Sections 1 thru 36, Township 5 North, Range 7 West; Sections 3 thru 10, 15 thru 36, Township 5 North, Range 6 West; Sections 19 thru 21 and 28 thru 33, Township 5 North, Range 5 West: Sections 4 thru 8, Township 4 North, Range 5 West, Sections 1 thru 36, Township 4 North, Range 6 West; Sections 1 and 2, Township 3 North, Range 6 West; Sections 1 thru 30, 32 thru 36, Township 4 North, Range 7 West, all within San Bernardino Meridian, lying within the following described boundaries:

BEGINNING at the northwest corner of Section 6, Township 5 North, Range 7 West, thence easterly 10 miles more or less, along the north line of said Township and Range and along the north line of Township 5 North, Range 6 West, to the northeast corner of Section 3, said Township 5 North, Range 6 West; thence southerly 3.5 miles more or less, along the east lines of said Sections 3, 10, 15, and 22, said Township and Range, to the centerline of Palmdale Road; thence easterly along said centerline 5 miles more or less to the east line of Section 21, said Township 5 North, Range 5 West, said east line also being the centerline of Highway 395; thence southerly along said centerline 3.5 miles more or less, to the southeast corner of said Section 4, thence westerly 1 mile more or less along said southerly line of Section 4 to the southwest corner thereof; thence southerly 0.5 miles more or less to the east quarter corner of said Section 8; thence westerly 2.0 miles more or less to the east quarter corner of said Section 12; thence southerly 5.5 miles more or less along the east lines of said Sections 12, 13, 24, 25, and 36, Township 4 North, Range 6 West, and said Section 1, Township 3 North, Range 6 West to the southeast corner of said Section 1; thence westerly 2 miles more or less along the south lines of said Section 1 and Section 2, said Township and Range to the southwest corner of said Section 2; thence northerly 1 mile more or less along the west line of said Section 2 to the northwest corner thereof, said corner also being the southeast corner of Section 34, Township 4 North, Range 6 West; thence westerly along the south line of said Township and Range and along the south line of Township 4 North, Range 7 West, 8 miles more or less to the southwest corner of said Section 33, said Township and Range; thence northerly one-half mile more or less to the west one quarter corner of said Section 33, said corner also being the east one quarter corner of Section 32, said Township and November 17, 1989 Range; thence westerly 1 mile more or less along the south line of the north half of said Section 32 to the west one quarter corner thereof; thence northerly one-half mile more or less along the west line of said Section 32 to the northwest corner thereof, said corner also being the southeast corner of Section 30, said Township and Range; thence westerly 0.7 miles more or less along the south line of said Section 30 to the San Bernardino County Line; thence northerly 11 miles more or less along the San Bernardino County Line to the POINT OF BEGINNING. Containing 149 square miles more or less.

(c) The Oak Hills Plan area is established as follows:

OAK HILLS—ZONE "A" TRANSPORTATION FACILITIES PLAN BOUNDARY LEGAL DESCRIPTION

Those portions of Sections 7 through 9, Sections 16 through 21, and Sections 28 through 33, Township 4 North, Range 5 West, S.B.M. and Sections 4 through 8, Township 3 North, Range 5 West, S.B.M. described as follows:

BEGINNING at the west quarter corner of said Section 7, Township 4 North, Range 5 West; thence easterly along the north line of the south half of said Sections 7 and 8, a distance of 2.0 miles more or less to the west quarter corner of said Section 9, Township 4 North, Range 5 West; thence northerly along the west line of said Section 9 a distance of 0.5 miles more or less to the northwest corner thereof; thence easterly along the north line of said Section 9, a distance of 1.0 mile more or less to the northeast corner thereof, said corner being the centerline of State Highway 395; thence southerly along said centerline 4.0 miles more or less to the northwesterly right-of-way line of Interstate Highway 15; thence southwesterly along said right-of-way, a distance of 3.8 miles more or less to the south line of said Section 7, Township 3 North, Range 5 West; thence westerly 0.6 miles more or less along said south line of Section 7 to the southwest corner thereof; thence northerly along the west lines of Sections 7 and 6, Township 3 North, Range 5 West and Sections 31, 30, 19, 18 and 7, Township 4 North, Range 5 West, a distance of 6.5 miles more or less to the POINT OF BEGINNING.

OAK HILLS—ZONE "B" TRANSPORTATION FACILITIES PLAN BOUNDARY LEGAL DESCRIPTION

Those portions of Sections 1 through 5, 7 through 12, 15 through 17, and Section 20, Township 3 North, Range 5 West; Sections 25 through 27 and 33 through 36, Township 4 North, Range 5 West, all within San Bernardino Meridian, described as follows:

BEGINNING at the northwest corner of Section 17, Township 3 North, Range 5 West, thence westerly 0.25 miles more or less along the south line of Section 7, said Township and Range to the easterly right-of-way of State Highway 15; thence northerly along said easterly right-of-way line 4.8 miles more or less to the north line of Section 27, Township 4 North, Range 5 West; thence easterly 1.9 miles more or less along said north line of said Sections 27, 26 and 25, said Township and Range to the westerly right-of-way of California Aqueduct; thence southerly along said westerly line, 0.4 miles more or less to the east line of the west half of said Section 25; thence southerly 3.0 miles more or less along the east line of the west half of said Sections 25 and 36, Township 4 North, Range 5 West, and Sections 1 and 12, Township 3 North, Range 5 West, to the northwesterly right-of-way line of A.T. & S.F. Railroad shown as Parcel 5 on State of California Board of Equalization Map 804-36-24; then southwesterly along said right-of-way line 0.5 miles more or less to the south line of the north half of said Section 12; thence westerly along said south line and continuing along the south line of the north half of Section 11, a distance of 0.7 miles more or less to the northwesterly line of that Southern California Edison parcel shown as Parcel No. 2 on State of California Board of Equalization Map 148-36-138; thence southwesterly along said northwesterly line 0.4 miles more or less to the west line of said Section 11; thence southerly 0.3 miles more or less to the southwest corner of said Section 11; thence westerly along the south line of said Section 10, a distance of 0.25 miles more or less to the east line of the west half of the east half of said Section 15; thence southerly 660 feet more or less to the south line of the north half of the north half of the north half of said Section 15; thence westerly along said south line 0.5 miles more or less to the east line of the west half of the west half of said Section 15; thence southerly along said east line 660 feet more or less to the south line of the north half of the north half of said Section 15; thence westerly along said south line 0.25 miles to the west line of said Section 15; thence southerly along said west line of 0.25 miles to the east quarter corner of said Section 16; thence westerly along the south line of the north half of said Section 16, a distance of 0.75 miles more or less to the east line of the west half of the west half of said Section 16; thence southerly along said east line 0.25 miles more or less to the south line of the north half of the south half of said Section 16; thence westerly along said south line 0.25 miles more or less to the west line of said Section 16; thence southerly along said west line 0.75 miles more or less to the east quarter corner of said Section 20; thence westerly along the south line of the north half of said Section 20, a distance of 0.5 miles more or less to the center quarter corner thereof; thence northerly along the west line of the east half of said Section 20, a distance of 0.5 miles more or less to the north quarter corner thereof; thence westerly along the north line of said Section 20, a distance of 0.5 miles more of less to the southwest corner of said Section 17; thence northerly along the west line of said Section 17, a distance of 1.0 mile more or less to the POINT OF BEGINNING.