Chapter 89.03 — TRANSPORTATION FACILITIES FINANCING

(a) Purpose of Chapter. The purpose 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.

(b) Purpose of Fees. The 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 the fees are collected.

(c) Authority for Chapter. 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. (Ord. 4011, passed - -2007)

(a) Applicable Within Local Area Transportation Facilities Plan. The provisions of this Chapter shall only affect those unincorporated portions of the County that are located within the boundaries of an adopted Local Area Transportation Facilities Plan.

(b) Duties of the Board. The Board, 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) Confirm that a reasonable relationship exists between:

• (A) The fee’s use and the type of development project on which the fee is imposed;

(B) The need for the transportation facilities and the type of development project on which the fee is imposed; and

(C) 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) Major Thoroughfares and Bridges. The transportation facilities which constitute major thoroughfares as identified in Government Code § 66484 and the canyons, freeways, railways, or streams for which bridges are required, shall be identified in the circulation, transportation, or flood control element of the General Plan in the area of the Local Area Transportation Facilities Plan at least 30 days prior to implementation of a fee for the 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) Compliance with Government Code §§ 66004 and 66484 Required. 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 Government Code § 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 Government Code § 66484 shall also be followed.

(e) Filing of Written Protests by Property Owners. 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 a public hearing, there is a written protest, filed 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 shall not, for the 12 months following the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition in compliance with Government Code § 66484.

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 shall not, for the 12 months following the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition in compliance with Government Code § 66484.

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

(Ord. 4011, passed - -2007)

(a) Transportation Facilities Fees Required. Except as otherwise provided in § 89.03.070 (Exclusions), below, whenever a structure 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 the plan, and shall be paid within the time periods specified in Subdivisions (b), (c), and (d), below.

(b) Fees Required by a Building Permit. Fees required in compliance with 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 by a Mobilehome Not in a Mobilehome Park. Fees required in compliance with this Chapter for those mobilehomes 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 by a Mobilehome in a Mobilehome Park. Fees required in compliance with 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 the spaces.

(e) Compliance with Schedule of Fees. 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 the fees. (Ord. 4011, passed - -2007)

(a) Local Transportation Facilities Fund.

(1) Transportation facilities fees required in compliance with this Chapter, within the boundaries of a Local Area Transportation Facilities Plan, shall be deposited into a Local Transportation Facilities Fund.

(2) A separate fund shall be established for each Local Area Transportation Facilities Plan and fees collected within the boundaries of the plan shall be deposited into the applicable fund.

(3) Any interest income earned by money in the fund shall also be deposited in the fund.

(4) The 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 the plan.

(b) Use of Funds. 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 construct, design, finance, or purchase facilities in the Local Area Transportation Facilities Plan.

(c) Monies Advanced by the County. Monies may be advanced by the County to construct, design, finance, or purchase transportation facilities, or related administrative services, and to acquire necessary property or rights-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.

(Ord. 4011, passed - -2007)

(a) Fees Shall Not Exceed Estimated Cost of Providing the Facilities. Fees assessed on new residential and nonresidential 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 nonresidential shall be as specified in each separate Local Area Transportation Facilities Plan.

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

(Ord. 4011, passed - -2007)

(a) Advances.

(1) 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 the facilities, within the boundaries of a Local Transportation Facilities Plan; provided, 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. (2) Reimbursement shall only be for the amount agreed upon in advance, and shall not include interest or other charges.

(3) The total amount of money reimbursed within a Local Area Transportation Facilities Plan for one fiscal year shall not exceed approximately 25 percent of the fees collected within the plan area during the same fiscal year, except as may otherwise be provided in the applicable Local Area Transportation Facilities Plan.

(4) The agreement shall expire 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 (e.g., dedication of land, right-of-way, actual construction, equipment, facilities, 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 an agreement, the Board shall find that the in-lieu consideration is equal to or greater in value than the required fee.

(Ord. 4011, passed - -2007)

(a) Intent of Exclusions. 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 the structures or uses shall be subject to the fees.

(2) Replacements of structures or uses for which fees have been paid in compliance with this Chapter where the 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 activities:

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

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

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

(B) The proposed type of residential dwelling unit (e.g., 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) Nonresidential Exclusions. No transportation facilities fees shall be required for nonresidential uses or structures for the following activities:

• (1) Alterations and repairs.

• (2) Replacement of nonresidential 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.

s 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.

(1) 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.

(2) Where the assessments partially provide for the 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.

(Ord. 4011, passed - -2007)

(a) Refund of Unexpended or Uncommitted Fees. 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 parcels or units in development projects within the plan areas on a prorata basis any 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 compliance with Government Code § 66001.

(b) Refund of Surplus Monies. 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 compliance with Government Code § 66001.

(Ord. 4011, passed - -2007)

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, and shall have no force or effect in any other portion of the County. The fees, plan areas, regulations, and rules are contained in the associated texts of each Local Area Transportation Plan.

(Ord. 4011, passed - -2007)