Chapter 130.71 — ECOLOGICAL PRESERVE FEE

The purpose of this Chapter is to implement the Pine Hill Endemics rare plant fee payment in lieu of mitigation for Mitigation Areas 1 and 2.

Sec. 130.71.020 - Applicability.

The fee program set forth in this Chapter shall apply to all lands delineated as Pine Hill Endemic Rare Plant Mitigation Areas 1 and 2, as defined in Section 130.71.030 (Definitions) below in this Chapter.

Sec. 130.71.030 - Definitions.

As used in this Chapter, the following terms shall have the meanings set forth below:

"Mitigation Area 0" means lands within the Gabbro Soils Rare Plant Ecological Preserve, as shown on maps on file in the Department, adopted by Ordinance 4500.

"Mitigation Area 1" means lands outside of Mitigation Area 0 but within the area described as the "rare soils study area," as shown on maps on file in the Department, adopted by Ordinance 4500.

"Mitigation Area 2" means lands outside of Mitigation Areas 0 and 1 but within the EID service area, excluding those lots served by wells, as shown on maps on file in the Department, adopted by Ordinance 4500.

"Pine Hill Endemics" means plants found in serpentine or gabbroic soils that are listed as rare, threatened, or endangered on a state or federal list prepared under the Federal or California Endangered Species Acts or identified as species of special concern. This term includes the following species:

Sec. 130.71.040 - Ecological Preserve Mitigation and Fee in Lieu of Mitigation.

There are hereby established an Ecological Preserve Mitigation requirement comprised of on-site and off-site mitigation standards and an ecological preserve fee in lieu of such mitigation. The amounts of the fee shall be established periodically by resolution of the Board and shall be based on the formula set forth in this Ordinance.

Sec. 130.71.050 - On-Site Mitigation in Mitigation Area 0.

Development within Mitigation Area 0 will continue to address mitigation for impact to rare plants on an individual basis. Within Mitigation Area 0, on-site mitigation is strongly encouraged. Developments within Mitigation Area 0 shall mitigate impacts by exercising one of the following three options:

A.

Set aside a part of the property and dedicate a perpetual conservation easement for habitat protection; or

B.

Cluster development in the least environmentally sensitive portion of the property according to the Implementation Strategy adopted by the County in March 1993 and receive in appropriate cases a density bonus in return for dedication of a perpetual

conservation easement over the remainder of the property; or

C.

Provide an independent mitigation plan that meets CEQA requirements, such as the purpose of long-term protection of an amount of habitat in the same Ecological Preserve and as close to the development site as feasible, equal to at least one and one-half times the acreage developed.

Option B, above, shall apply only to properties greater than five acres in area.

Sec. 130.71.060 - Off-site Mitigation or Fee Payment in Lieu of Ecological Preserve Mitigation in Mitigation Areas 1 and 2.

Payment of a fee in lieu of Ecological Preserve Mitigation is encouraged in Mitigation Areas 1 and 2. Developments in Mitigation Areas 1 and 2 shall mitigate impacts by exercising one of the following two options:

A.

Pay the appropriate fee in lieu of Ecological Preserve Mitigation for the direct or indirect impacts caused by development on rare plants and rare plant habitat; or

B.

Participate in a Rare Plant Off-Site Mitigation Program, upon adoption of such program by the Board.

Sec. 130.71.070 - Ecological Preserve Fee; Formula.

The amount of the fee is based on the following formula: Mitigation Areas 1 and 2 are each assigned 50 percent of the total local cost of the Rare Plant Mitigation Program, based upon the probability that 50 percent of the total adverse impact of development on rare plant habitat will be caused by future development within each Mitigation Area. The fee is then charged on a per dwelling unit equivalent basis, where one single-family unit equals one dwelling unit equivalent, one multi-family unit equals 0.75 dwelling unit equivalent, and 1,500 square feet of commercial space equals one dwelling unit equivalent. The actual amount of the fees per dwelling unit equivalent in Mitigation Areas 1 and 2 are as set forth in the then-current Board resolution establishing the actual fee amounts.

The fee amounts shall be reviewed on an annual basis and adjusted as necessary to insure that the anticipated fees are no more and no less than required for the purpose for which they are collected.

Sec. 130.71.090 - Time of Fee Payment.

The fee is due at the time of final inspection or certificate of occupancy, whichever is first, unless the Board in adopting the fee resolution establishes that the fee may be collected at any earlier time.

If the Director, in consultation with the California Department of Fish and Wildlife (DFW) and the United States Fish and Wildlife Service (USFWS), finds that a development project which has already received all needed discretionary approvals at the effective date of this chapter has already met its mitigation obligations in whole or in part, such project will be exempted or credited against its Rare Plant Mitigation Obligation or fee in lieu thereof to a degree equivalent to the mitigation already provided. No other exemptions or credits to the Rare Plant Mitigation or fee in lieu thereof shall be allowed.

The County shall maintain a separate rare plant ecological preserve account for fees collected, and provide an accounting within 60 days of the close of each fiscal year. Any person may request an audit of the fund. In addition, the County shall make findings each fifth fiscal year following the first deposit into the fund with respect to unexpended portions of the fund, in which the County: identifies the purpose to which the fee is to put; demonstrates a reasonable relationship between the fee and the

purpose for which it is charged; identifies all sources and amounts of funding anticipated to complete financing; and designates the approximate dates on which the funding is expected to be deposited.

The fee shall be collected by the Planning and Building Department. The County treasurer shall maintain the account. The Department, in consultation with DFW and USFWS, shall make recommendations to the Board regarding the expenditures of funds from the account to acquire or maintain designated preserve land.

An appeal from a decision made pursuant to this Ordinance shall be in accordance with the appeals procedures set forth in Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title, expect that DFW shall also be notified of the appeal hearing in writing at least five days in advance of the hearing.

Sec. 130.71.140 - Termination of Mitigation Requirement or Fee in Lieu of Mitigation.

The requirements of mitigation or payment of a fee in lieu of Ecological Preserve Mitigation shall terminate at such time as the Board finds, and DFW and USFSWS concur, that a fully funded system of five rare plant preserves has been established in the on-going operation and maintenance of said preserves is fully funded.

CHAPTER 130.72. - MISSOURI FLAT PLANNING COST REIMBURSEMENT FEE

This Chapter shall be known as the Missouri Flat Planning Cost Reimbursement Fee ordinance. It authorizes a Missouri Flat Master Circulation and Funding Plan Reimbursement Fee, as described in the Missouri Flat Master Circulation and Funding Plan (MC&FP). It is the intent of this Chapter to establish equity among future developers who derive benefit from the MC&FP and its supporting documents (including California Environmental Quality Act compliance), by reimbursing the County for the costs incurred in the preparation and adoption of the MC&FP and related activities. The County, in turn, may use fees collected in compliance with this Chapter to reimburse initial participating developers for their financial contributions toward adoption of the MC&FP. Any such reimbursement commitments shall be documented in written agreements between the County and the specific developers.

Sec. 130.72.020 - Definitions.

A.

"Initial Participating Developers" shall mean those persons or entities who participated in funding the development and preparation of the MC&FP in compliance with the Cooperative Funding Agreement.

B.

"Cooperative Funding Agreement" shall mean that certain Missouri Flat Road Circulation Plan Funding Agreement dated April 15, 1997, by and between the County of El Dorado, Sundance Plaza Associates, Ltd., Wal-Mart Stores, Inc., and Village/El Dorado Partners, L.P., as amended.

C.

"Eligible Costs" shall mean all costs incurred by the County in the preparation of the MC&FP including, but not limited to, costs for environmental, engineering, traffic engineering, financial, economic, drafting and legal consulting services. Eligible costs shall include, but are not limited to, those costs for which funding was provided under the Cooperative Funding Agreement. Eligible costs may also include legal costs incurred in any action in which the validity of the MC&FP is challenged.

D.

"Missouri Flat Area" shall mean that area identified as the Missouri Flat Road Project Area in Exhibit "A" to Ordinance No. 4565.

E.

"Missouri Flat Master Circulation and Funding Plan" or "MC&FP" shall mean the Missouri Flat Master Circulation and Funding Plan adopted by the Board on December 15, 1998, as amended.

Sec. 130.72.030 - Findings of the Board.

In establishing the MC&FP Reimbursement Fee, the Board finds as follows:

A.

The MC&FP was prepared and adopted by the County in order to provide a comprehensive and coordinated approach to address both existing traffic congestion in the Missouri Flat Area and the issue of providing capacity for future development in the Missouri Flat Area. Attempting to address these issues on a project-by-project basis as development occurs would be uneconomic and may be infeasible.

B.

Substantial costs were incurred by the County in preparing the MC&FP and supporting documents including, but not limited to, a Program Environmental Impact Report. Certain private entities bore a portion of the costs incurred by the County in compliance with the terms of the Cooperative Funding Agreement.

C.

Persons or entities seeking to develop non-residential projects in the Missouri Flat Area will derive substantial benefits from the preparation and adoption of the MC&FP in that:

1.

Environmental documents prepared in connection with the MC&FP, including the Program EIR, substantially reduce the scope and cost of environmental review otherwise required in connection with subsequent development projects;

2.

Preparation of the MC&FP substantially reduces the scope and cost of planning review otherwise required in connection with subsequent development projects;

3.

The MC&FP provides a mechanism for addressing both existing traffic congestion and future capacity needs in a comprehensive manner not feasible in the context of individual project review;

4.

The MC&FP provides a mechanism to mitigate certain traffic impacts of future non-residential development in a manner not feasible in the context of individual project review;

5.

The MC&FP may reduce or eliminate the need to consider implementation of discretionary review procedures for development to ensure that potential traffic impacts of development otherwise requiring only ministerial approvals are addressed; and

6.

The MC&FP will enable necessary road improvements and thereby will facilitate future economic development in the County and the Missouri Flat Area.

D.

The establishment of the fee provided in this Chapter is based upon the lawful exercise of the County's police power and is consistent with all applicable state laws.

Sec. 130.72.040 - Fee Requirement.

A Missouri Flat Planning Cost Reimbursement Fee is established to reimburse the County and/or private parties for expenses associated with preparing and adopting the MC&FP. The Reimbursement Fee shall be applicable to all non-residential development requiring a building permit within the Missouri Flat Area, except as otherwise provided in this Chapter.

Sec. 130.72.050 - Amount of Fee.

The Reimbursement Fee will be established by a Resolution adopted by the Board in compliance with this Chapter. The Resolution shall describe and document the costs to be reimbursed, the allocation of the costs, and the resulting amount of the Fee. The fee amount included in the Resolution shall be supported by a report, which fully documents costs included and the allocation method used.

Sec. 130.72.060 - Time of Payment; Refunds.

The Reimbursement Fee shall be payable as a condition of any development approved or allowed and is payable prior to the issuance of a building permit. The Reimbursement Fee is a permit processing fee to reimburse the County for costs incurred, and is not a monetary exaction for the purposes of defraying the cost of public facilities. No applicant shall be entitled to a refund of the Reimbursement Fees collected if, for any reason, development subject to the Reimbursement Fee does not proceed.

Sec. 130.72.070 - Uses of Fee Revenue.

Revenue generated from the Reimbursement Fee shall be used only to reimburse the County and Initial Participating Developers for Eligible Costs incurred in the preparation and adoption of the MC&FP and its supporting documents, and in related activities.

Sec. 130.72.080 - Creation of Fee Account.

Reimbursement Fees shall be deposited in a restricted account maintained by the County. Revenue within this account, and any interest accrued thereon, shall be used solely for the purpose set forth in Section 130.72.010 (Title, Purpose, and Intent) above in this Chapter. Once monies in the account are disbursed to reimburse the County for its costs incurred, those monies shall be unrestricted revenue of the County.

Sec. 130.72.090 - Fee Credits.

The following credits shall be available:

A.

The Initial Participating Developers or their assignees, if they are applicants for building permits, shall be granted a credit against the Reimbursement Fee in an amount up to the amount contributed by the applicant under the Cooperative Funding Agreement, less any reimbursements previously received. Such credits received shall be deemed reimbursement for purposes of calculating future credits and reimbursements. The Fee Credit shall not exceed the Reimbursement Fees levied by Resolution in compliance with this Chapter at the time the Fee Credit is applied for.

B.

Any applicant shall receive a credit against the Reimbursement Fee in an amount equal to Reimbursement Fees previously paid for development approvals or permits on the same property if the development for which the prior Reimbursement Fees were paid did not occur and all permits and entitlements for such development have expired or are relinquished.

Sec. 130.72.100 - Fee Exemptions.

Public park sites and public buildings and structures, including libraries, schools, fire stations, and public utility structures, are exempt from the Reimbursement Fee.

Sec. 130.72.110 - Separability.

The provisions of this Chapter are separable, and the invalidity of any phrase, clause, or part shall not affect the validity of the remainder.