Section 9 ? PAYMENT OF PLAN FEES
(a) FEE PAYMENTS
Residential and non-residential fee categories will be determined based upon the Land Use Classification as defined in the County Code, Title 8: Development Code, Division 4: Land Uses, Chapter 2: Land Use Classifications.
Whenever a building or mobile home permit is issued for a property within the boundaries of a PLAN SUBAREA, a fee shall be required to be paid prior to the issuance of a building permit or mobile home setdown permit. Fees assessed on new residential construction will be imposed on a ?per dwelling unit? basis and the existing property land use category. For new non-residential construction fees shall be assessed on a ?gross building square footage? basis and land use category.
Fees do not cover the immediate local impact of a development on the County road system. A focused traffic study will still be required of a developer, and additional mitigation of immediate local impacts on the County road system may be required.
Fees will be required when alterations, repairs, or a change in use of a building increases the vehicular traffic generated by the facility. For example, with the conversion of a garage or other structure to a second residence, a full fee payment for an additional residence will be required. With the addition of commercial or industrial square footage without a change of use, a fee for the additional square footage will be required.
With the change of use of a structure, if the traffic generated by the new use is greater than that of the existing use, a fee will be required calculated on the difference between the new use and the existing use of the structure. For example, if a building is converted to retail from a warehouse, a fee will be required based on the difference between the commercial retail fee and the industrial warehouse fee.
Fees will be required for any illegally established structure, or uses in operation (including mobilehome parks), constructed before or after the adoption of THE PLAN.
(b) EFFECTIVE DATE OF PLAN FEES
Fees are effective sixty (60) days following the adoption of the PLAN Ordinance, with the following exceptions:
1.Projects with pending applications
Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943), by the Land Use Services Department before the effective date of the PLAN Ordinance, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with the PLAN Ordinance.
2. Projects with an approved tentative tract map
Projects with a tentative tract map approved before the effective date of the PLAN Ordinance shall be processed in compliance with the regulations and requirements in effect at the time the tentative tract map was approved.
A project with an approved tentative tract map that has not expired but is being modified or changed and will not create requirements for additional impacts above what was already studied and analyzed in the original Environmental Documents shall be processed in compliance with the regulations and requirements in effect at the time the tentative tract map was approved. If the modification results in additional impacts beyond what was approved originally, the project will be treated as a new application and all fees, as required by the Plan will be applicable. Pending tentative tract maps shall be consistent with the PLAN Ordinance.
3. Other projects that do not go through the Planning process, e.g. Single Family and Multi Family residential
Projects with building permits issued before the effective date of the PLAN Ordinance shall be processed in compliance with the regulations and requirements in effect at the time the fees were paid. Cancellation and issuance of new building permits shall be consistent with the PLAN Ordinance.
(c) FEE PAYMENT FOR LAND USE CATEGORIES NOT IDENTIFIED IN THE PLAN
Currently, there are no projects within the Adelanto sphere or retail land use zoning within the Loma Linda sphere. For any future projects within the Adelanto sphere or future retail projects within the Loma Linda sphere, development contributions toward mitigation of impacts to regional transportation facilities shall follow the San Bernardino County Congestion Management Program Traffic Impact Analysis (CMP TIA) process to determine the developer mitigation amount.
(d) PROTESTING FEE AMOUNTS IN A PLAN SUBAREA
A developer may protest the amount of a PLAN fee, provided that:
1. Developer pays the fee in full or provides satisfactory evidence of arrangements to pay in full when due.
2. Developer serves written notice to the Clerk of the Board for reduction or waiver of fee, containing:
a. A statement that, under protest, the required payment is paid or will be paid when due, or that any conditions which have been imposed are provided for or satisfied.
b. A statement informing the Board of Supervisors of the factual elements of the challenge and the legal theory forming the basis of the challenge and demonstrating the absence of any reasonable relationship between the impact on the public transportation facilities of the proposed development and either the amount of the fee charged or the type of facilities financed. Because fees are calculated based upon growth projections and the total project costs contained within the boundaries of a PLAN SUBAREA, the statement shall address the factual elements of the entire PLAN SUBAREA and shall not be project specific.
3. Any person may request an audit in order to determine whether a fee exceeds the amount reasonably necessary to cover the cost of the transportation facilities identified in a Plan. Any costs incurred by the County in having an audit may be recovered from the person requesting the audit.
4. The application for reduction or waiver shall be made in writing and filed with the Clerk of the Board no later than ten (10) days after notification of the fee to be charged. The Board of Supervisors shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the Board will be final. If an adjustment or waiver is granted, any change in use within the project shall invalidate the reduction or waiver of the fee.