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(d) THE PLAN AND LOCAL AREA TRANSPORTATION FACILITIES PLANS

THE PLAN is limited to regional transportation facilities, and specifically the requirements of the CMP and the SANBAG Nexus Study. In addition to THE PLAN, the Board of Supervisors has adopted local area transportation facilities plans as funding mechanisms for construction of or improvements to local roads. The local area transportation facilities plans are entirely separate from THE PLAN, as the primary intent of those plans is to construct a backbone of north/south and east/west major thoroughfares within the boundaries of an unincorporated community. THE PLAN is intended to meet the requirements of the CMP by addressing the need for increased capacity on regional transportation facilities as a result of increased vehicular traffic resulting from new development. Where THE PLAN and local area transportation facilities plan boundaries overlap, separate fees will be required of development for the regional and local plan in the overlapping area. Because the specific projects listed in THE PLAN are unique from those found in the local area transportation facilities plans, funds from overlapping plans shall not be intermingled.Planning and programming, updates and revisions to THE PLAN may occur in conjunction with that of local transportation facilities plans in order to provide a comprehensive program to meet transportation needs in the unincorporated areas.

(e) REGIONAL DEVELOPMENT CONTRIBUTIONS NOT COVERED BY THE PLAN

Fees required by THE PLAN only apply to development occurring within THE PLAN boundaries. For areas outside the San Bernardino Valley and Victor Valley PLAN SUBAREAS, the County shall require Traffic Impact Analysis (TIA) reports for proposed development projects exceeding specified thresholds of trip generations. This is a continuation of a requirement established when the CMP was approved originally by the SANBAG Board of Directors in 1992. TIA reports must comply with requirements contained in Appendix C of the CMP. For Land Use Categories in a PLAN SUBAREA for which a fee is not established by the PLAN, developer contributions toward mitigation of impacts to regional transportation facilities shall also follow the San Bernardino County Congestion Management Program Traffic Impact Analysis process (CMP TIA) to determine a fair-share developer contribution amount.In the San Bernardino Valley and the Victor Valley PLAN SUBAREAS, payment of fees required by THE PLAN replaces the TIA requirements of the CMP. Payment of PLAN fees, however, does not absolve a developer from further mitigation of impacts. Additional traffic studies and contributions may be required to mitigate local impacts of a development project. For example, local traffic studies may be required to determine a development’s impact on the local road system, which may result in conditioning a development project to construct or contribute toward roadway widening, turn lanes, curb, gutter, storm drains, match-up pavement, and/or traffic signals.

(f) CONFORMANCE TO CALIFORNIA GOVERNMENT CODE

Pursuant to Measure I 2010-2040, the subsequent sections of THE PLAN are intended to satisfy all the requirements set forth in the California Government Code, Chapter 5, Section 66000 et seq., Fees for Development Projects (also knows as California Assembly Bill 1600 (AB 1600) or the Mitigation Fee Act). Requirements include:

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.
6. Separate capital facilities funds will be created to deposit, invest, account for, and expend the fees.