§ 811.0205. Establishment Of Local Area Transportation Facilities Plans.

(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.