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(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.
(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)