Chapter 18.84 — CONSIDERATION

(a)

The agreement shall contain all the matters required by Government Code section 65865.2 and such other matters as the city council determines to be appropriate.

(b)

The agreement shall be drafted on paper eight and one-half by 11 inches in size and all attached exhibits shall be of a size to permit recording of the document pursuant to Section 18.80.040.

(c)

The city attorney shall prepare a standard form of agreement which, when adopted by the city council, shall be used as the base document for each development agreement. Changes and additions to the standard form shall be made as individual circumstances dictate. An applicant may suggest modifications to the standard form.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.010, 1979)

(a)

The planning director shall review the application and shall accept it for filing if it is complete and accurate.

(b)

The planning director shall review the application and shall prepare a staff report and recommendation to the planning commission with regard to the proposed agreement.

(c)

The city attorney shall prepare a draft agreement and forward the same to the planning director.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.020, 1979)

The planning director shall transmit the application and the draft agreement to the planning commission for a public hearing when all of the necessary reports and recommendations are complete. Notice of the public hearing shall be given as provided in Section 18.80.030. The application for a development agreement may be considered concurrently with other discretionary permits or approvals for the project.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.025, 1979)

18.84.040 - Report and recommendation of planning commission.

After the planning commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the city council. The report and recommendation shall include proposed findings on the matters stated in Section 18.84.070.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.03.030, 1979)

Upon receipt of the recommendation and report of the planning commission, the city council shall hold a public hearing. Notice of the public hearing shall be given as provided in Section 18.80.030.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(a), 1979)

18.84.060 - City council action alternatives.

After the council has held a public hearing, it may approve, modify and approve, or disapprove the development agreement. It may, but need not, refer matters not previously considered by the planning commission to the planning commission for a report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the city council.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(b), 1979)

The council shall not approve the development agreement unless it finds that the agreement:

(1)

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

(2)

Is compatible with the uses authorized in and the regulations prescribed for the land use zone(s) in which the real property is located;

(3)

Is in conformity with public convenience, general welfare and good land use practices;

(4)

Will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole;

(5)

Will not adversely affect the orderly development of property or the preservation of property values;

(6)

Is consistent with the provisions of Government Code sections 65864 through 65869.5;

(7)

Satisfies at least one of the findings in Section 15.32.240 of the municipal code.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(c), 1979; Ord. No. 913B, § 7(Exh. E), 6-28-2016)

The agreement may provide that the rules, regulations and official policies governing the permitted uses of land, density, design, and improvement and construction standards, or any one of these, shall be those rules, regulations and official policies in force on the date of execution of the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(d), 1979)

If the city council approves the development agreement, it shall adopt an amendment to this title approving the agreement and directing the mayor to execute the agreement after the effective date of the amendment to this title.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.050, 1979)

18.84.100 - Amendment or cancellation.

(a)

Any party to a development agreement may propose an amendment to or cancellation of the agreement in whole or in part.

(b)

Except as otherwise provided in this section and in Sections 18.86.030 through 18.86.060, the procedure for proposing and adopting an amendment to, or a cancellation in whole or in part of, the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the city initiates a proposed amendment to or a cancellation in whole or in part of the agreement, the city shall first give written notice to each party, other than the city, who executed the agreement of its intention to initiate such proceedings not less than 30 days in advance of giving public notice of the hearing to consider such amendment or cancellation.

(c)

Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity or use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement and construction standards and specifications, or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.060, 1979)

CHAPTER 18.86 - PERIODIC REVIEW

(a)

The planning commission shall, not less than once every 12 months from the effective date of the development agreement, review the same for compliance with its terms and conditions.

(b)

The planning director shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement other than the city. He shall give such notice by mail at least 15 days in advance of the time at which the matter will be considered by the planning commission.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.04.010, 1979)

(a)

The planning commission shall conduct a public hearing, at which time the party or parties to the agreement, other than the city, must demonstrate good-faith compliance with the terms of the agreement. The burden of proof on this issue shall be upon such party or parties.

(b)

The planning commission shall determine upon the basis of substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreement.

(c)

After the public hearing, the planning commission shall render its determination in the form of a written report to the city council. If the planning commission determines that there has not been compliance in good faith with the terms and conditions of the agreement, the commission may include in its report a recommendation for the modification or termination of the agreement.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.04.020, 1979)

The council shall place the report of the commission on its agenda at the second regularly scheduled city council meeting following the planning commission meeting at which the report was made.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(a), 1979)

18.86.040 - Council consideration—Hearing required when.

(a)

If the planning commission reports that there has been compliance in good faith with the terms and conditions of the agreement for the period under review, the council shall accept the report for filing and shall not take any further action unless:

(1)

The council, on its own motion, votes to set the matter for hearing;

(2)

An appeal is filed from the determination of the planning commission pursuant to Section 18.94.050.

(b)

If the planning commission reports that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review the council shall hold a public hearing to consider the report and recommendation of the commission.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(b), 1979)

Whenever the commission report is scheduled for hearing, notice of such hearing shall be given as provided in Section 18.80.030. Such notice shall provide:

(1)

The time and place of the public hearing;

(2)

A statement that the planning commission has or has not determined that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review;

(3)

A statement that the city council may terminate or modify the agreement at the conclusion of the hearing.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(c), 1979)

18.86.060 - Hearing before council—Council action.

At the conclusion of the public hearing, the council may refer the matter to the planning commission for a further report and recommendation or it may make a final determination on whether or not there has been compliance in good faith with the terms and conditions of the agreement. If the council finds and determines, on the basis of substantial evidence, that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the council may terminate the agreement or the council may modify the agreement and impose those conditions which it considers necessary and appropriate to protect the interests of the city. Any court action or proceeding to attack, review, set aside, void or annul the final determination by the council shall be commenced within sixty days from the date upon which a final determination is made as set forth in Section 18.02.060.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(d), 1979)

DIVISION X. - ANNEXATION CHAPTER 18.88 - ESTABLISHMENT OF PROCEDURES AND FEES

The city council authorizes and directs the city administrator to establish procedures for the acceptance and processing of applications for the annexation of unincorporated territory to the city. The city administrator is further authorized to amend the procedures as he, in his sole discretion, may determine from time to time to be necessary.

(Ord. 393B §1, 1981)

The city council shall establish by resolution a schedule of fees, charges and expenses for annexation applications and all other applications for entitlements relating to annexation, including but not limited to applications for prezoning, general plan amendments and environmental documents, and the processing of local agency formation commission applications. The city council may also provide by resolution for the reimbursement of fees paid under conditions it deems appropriate.

(Ord. 398B §1, 1981: Ord. 393B §2, 1981)

CHAPTER 18.89 - PLACER COUNTY CONSERVATION PROGRAM

The purpose of this article is to implement the Placer County Conservation Program in order to provide a regulatory framework for promoting the protection and recovery of natural resources, including covered species and aquatic resources of Placer County, while streamlining the permitting process for both publicly funded and privately funded planned development within the City of Lincoln. The Placer County Conservation Program includes the Western Placer County Habitat Conservation Plan and Natural Community Conservation Plan ("HCP/NCCP"), the Western Placer County Aquatic Resource Program ("CARP"), and the Western Placer County In-Lieu Fee Program. The HCP/NCCP was developed by the county of Placer, the City of Lincoln, the Placer County Water Agency (PCWA), and the South Placer Regional Transportation Authority (SPRTA), in cooperation with the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the California Department of Fish and Wildlife (CDFW), and in consultation with stakeholder groups and the general public. The CARP was developed by the county, the city, PCWA, and SPRTA in cooperation with the United States Army Corps of Engineers (USACE), the United States Environmental Protection Agency (USEPA), and the Central Valley Regional Water Quality Control Board (CVRWQCB), and in consultation with stakeholder groups and the general public. The In-Lieu Fee Program was developed by the county in association with the USACE, the USEPA, and the CVRWQCB, and in consultation with stakeholder groups and the general public.

The following regulations only apply to covered activities on public and private property within the area described in Section 18.89.050.

(Ord. No. 1019B, § 3, 10-27-2020)

The HCP/NCCP and CARP are incorporated by reference as though fully set forth herein. Complete copies of the HCP/NCCP and CARP are available for inspection at the office of the city clerk, the community development department, and the Placer Conservation Authority's website.

(Ord. No. 1019B, § 3, 10-27-2020)

18.89.030 - Title.

This chapter shall be known as and may be cited and referred to as the "Placer County Conservation Program (PCCP) ordinance."

(Ord. No. 1019B, § 3, 10-27-2020)

18.89.040 - Definitions.

The definitions set forth in this section shall govern the application and interpretation of Chapter 18.89. Words and phrases not defined in this section shall be interpreted to give this ordinance its most reasonable application.

"Aquatic resources" or "aquatic resources of Placer County" include waters of the United States, waters of the state, stream systems, and constituent habitats for aquatic/wetland complex(es), vernal pool complex(es) and riverine/riparian complex(es) within the stream system, and includes all definitions described in Chapter 3 of the HCP/NCCP (Physical and Biological Resources) and Chapter 3 of the CARP (Placer County Aquatic Resources Protected by the CARP).

"Building permit" means a permit for the construction, assembly, or installation of a structure that requires attachment to the ground and as further described in Title 15, Chapter 15.04 (Building and Construction).

"County aquatic resource program" or "CARP" means the western Placer County aquatic resource program that will protect streams, wetlands, and other aquatic resources and fulfills some or all of the requirements of the federal Clean Water Act (CWA) and analogous state laws and regulations as adopted by the city council on October 13, 2020, and any amendments thereto.

"Covered activity" means a covered activity as described in Chapter 2 of the HCP/NCCP. Covered activities may be development projects, City of Lincoln programs or operations and maintenance activities. To be covered under state and federal permits issued for the PCCP, covered activities must meet avoidance, minimization, and compensatory mitigation requirements as set forth in the HCP/NCCP for certain species of fish and wildlife and their habitat and as set forth in the CARP to protect aquatic resources.

"Covered species" means a species, listed or non-listed, whose conservation and management is provided for in the HCP/NCCP and for which incidental take is authorized by a wildlife agency pursuant to a take permit.

"Development project" means any project or activity within the PCCP plan area that requires a land conversion authorization.

"Habitat conservation plan and natural community conservation plan" or "HCP/NCCP" mean the joint western Placer County habitat conservation plan and natural community conservation plan that will protect fish and wildlife and their habitats and fulfill the requirements of the Federal Endangered Species Act

("ESA") (16 U.S.C. §§ 1531-1544), and the California Natural Community Conservation Planning Act ("NCCPA") (Fish & Game Code §§ 2800-2835), as adopted by the City of Lincoln on October 13, 2020, and any amendments thereto.

"Implementing agreement" means the agreement made and entered into by and among the County of Placer, the City of Lincoln, PCWA, SPRTA, USFWS, NMFS, and CDFW that defines the parties' respective roles and responsibilities and provides a common understanding of actions that will be undertaken to implement the HCP/NCCP.

"Land conversion authorization" means any permit or approval that authorizes a ground disturbing activity, including, but not limited to, grading permits, grading plans, improvement plans, and building permits. Approvals for city-sponsored capital improvement projects and operations and maintenance activities are also land conversion authorizations.

"Placer Conservation Authority" or "PCA" means the joint exercise of powers agency formed on March 25, 2020, by and among the county of Placer and the City of Lincoln pursuant to the Joint Powers Act, Gov. Code § 6500 et seq.

"Placer County Conservation Program" or "PCCP" means the program described and implemented pursuant to Chapter 19, Article 18.89 (Placer County Conservation Program).

"Placer County Conservation Program development fees" means the fees adopted by the City of Lincoln and Placer County in accordance with Chapter 9, Section 9.4 of the HCP/NCCP, and the PCCP

development fee nexus study in support thereof, and any amendments and adjustments to those fees. PCCP development fees consist of the following types of fees:

Land conversion fee(s);

2.

Special habitat fee(s); and

3.

Temporary effect fee(s).

"Project applicant" means any person or entity applying for a land conversion authorization for a covered activity.

"Reserve system" means the reserve system that will be assembled through the HCP/NCCP and the CARP to provide for the conservation of covered species and aquatic resources. The reserve system will be a large system of interconnected land blocks located in the western and northern valley and northern foothills of Placer County, estimated to be between around 47,300 acres and will include existing and newly

acquired lands that are part of the PCCP reserves, and that are adaptively managed consistent with the PCCP. The reserve system will be capable of protecting, managing, restoring, and creating the natural and semi-natural communities and habitats that support the covered species.

"Stream system" The stream system is the stream channel itself (wet or dry) and the surrounding areas as follows:

Any area subject to flooding in a 100-year event as defined by the Federal Emergency Management Agency (FEMA) or as determined by a hydrologic analysis prepared by a licensed engineer (whichever is more accurate), or the area in subsection 2. below, whichever is greater.

2.

The outermost limit of a variable-width boundary measured outward from the edge of the ordinary highwater mark (OHWM) on streams mapped in the National Hydrography Dataset (NHD) (so-called blueline streams) as listed in Table 1. The OHWM corresponds to the waterline of the full channel and is defined in 33 Code of Federal Regulations (CFR) § 328.3(e). When the criteria specified by 33 CFR § 328.3 is not present in the field or does not provide a clear demarcation of the OHWM based upon determination by the community development resource agency director, the location of the OHWM will be based upon the twoyear event.

3.

The area within 50 feet of a stream, as measured from the OHWM as described above, not named on Table 1, but which is shown as a "blueline" stream on United States Geological Survey (USGS) Quad maps as specified in California Public Resources Code Section 4528 and as located on the NHD.

4.

When a stream is not shown on the NHD but is present on a project site, the stream and stream system will be mapped based upon the following criteria:

a.

To provide hydraulic continuity between mapped streams in the upper watershed and mapped streams in the lower watershed. This is necessary because land alteration may have erased original stream traces;

b.

If the watercourse is artificial (such as canals, channels, and flood water conveyances) and the watercourse serves in lieu of a natural stream to maintain hydraulic continuity with the watershed above, and where the channel is in an unlined, earthen condition;

c.

If the stream is determined to be perennial; or

d.

If the stream is determined to provide habitat for salmonids.

5.

Streams will be truncated at the point where the watershed falls below 40 acres in extent in order to avoid defining the stream system around minor drainages.

The 50 foot boundary may be adjusted based on site survey.

Table 1 Basic Boundary Widths for Specified Stream Reaches

"Take" and "taking" have the same meaning provided by the ESA and its implementing regulations with regard to activities subject to the ESA, and also have the same meaning provided in Section 86 of the California Fish and Game Code with regard to activities subject to the California Endangered Species Act ("CESA") (Fish & Game Code § 2050 et seq.), and the NCCPA.

"Take permit" means a federal incidental take permit issued by the USFWS or the NMFS pursuant to Section 10(a)(1)(B) of the ESA, and the state take authorization issued by CDFW pursuant to Section 2835 of the California Fish and Game Code, to the City of Lincoln.

"Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Most wetlands are considered waters of the

United States, but isolated wetlands are not regulated by the U.S. Army Corps of Engineers (USACE). The City of Lincoln regulates wetlands and isolated waters when a development project is a covered activity. In the City of Lincoln, wetlands are palustrine systems and generally include swamps, marshes, bogs, and similar areas.

"Wildlife agencies" means those agencies that are charged with the regulation of wildlife within the City of Lincoln, and include but are not limited to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the California Department of Fish and Wildlife (CDFW).

(Ord. No. 1019B, § 3, 10-27-2020)

18.89.050 - Applicability.

A.

This article shall apply to all development projects that are covered activities within the HCP/NCCP plan area, consisting of plan area A and plan area B, as further defined and described in Chapter 1, Section 1.2.1 (Plan Area) of the HCP/NCCP. A comprehensive list of covered activities is provided in Chapter 2 of the HCP/NCCP. This article does not apply to the following:

1.

Any development project that is not a covered activity under the HCP/NCCP as set forth in Chapter 2, Section 2.7 (Activities not covered by this plan).

2.

Any development project which the CDFW, USFWS and NMFS have determined is not subject to the CESA and the ESA, has already received the necessary take authorizations under the CESA and the ESA, or has otherwise complied with the CESA and the ESA. Under these circumstances, a development project will not require coverage under the PCCP if the proponent provides the following:

a.

A letter(s) from USFWS, NMFS, and/or CDFW that specifically refers to the development project and states that it is not likely to result in take of any federal or state-listed species individually or cumulatively and the results for full protocol surveys, approved by CDFW, for state-listed species with the potential to occur on the site show that no such species or species habitat occurs on the site; or

b.

A copy of an incidental take permit issued by CDFW for the activity and copies of incidental take statements or incidental take permits issued by USFWS and/or the NMFS that authorize the proposed covered activity; or

c.

A combination of the letters as described in (a) above and/or incidental take authorizations described in (b) from USFWS, NMFS and/or CDFW with jurisdiction.

3.

Certain minor development projects that are not expected to have adverse effects on covered species as described in Section 2.7 of the HCP/NCCP (Activities not covered by this plan) at category 11 (minor activities). Such minor development projects must generally obtain any necessary authorizations or permits directly from the wildlife agencies under CESA, ESA, or CEQA. However, with approval of the PCA, proponents of such minor development projects may opt in for coverage under the HCP/NCCP pursuant to Section 8.9.6 of the HCP/NCCP (Coverage Option for Certain Minor Activities).

4.

Development projects that have approved city entitlements prior to the adoption of this article, unless one or more of the following occurs after adoption of this article: (a) the entitlement is subsequently amended through a discretionary review process resulting in covered activities that increase the amount or severity or impacts to habitat, or (b) the entitlement's term expires, or (c) a project applicant with such approved entitlements elects to participate in the program set forth in this article.

B.

This article establishes requirements and application procedures whereby project applicants may receive authorization for the incidental take of covered species under state and federal law and authorization for impacts to aquatic resources of Placer County, subject to the applicant's compliance with all of the terms and conditions required by this chapter, including compliance with applicable terms and conditions of the HCP/NCCP, the implementing agreement, and the CARP.

(Ord. No. 1019B, § 3, 10-27-2020)

The community development director shall administer and apply the provisions of this article for the City of Lincoln.

(Ord. No. 1019B, § 3, 10-27-2020)

All project applicants for development projects that are subject to this article shall comply with the conditions on covered activities in Chapter 6 of the HCP/NCCP and, if applicable, Chapter 6 of the CARP. Applicable conditions on covered activities from Chapter 6 of the HCP/NCCP and Chapter 6 of the CARP, if applicable, shall be included as conditions of approval in each land conversion authorization approval for such development projects.

(Ord. No. 1019B, § 3, 10-27-2020)

Applications for land conversion authorizations required by this article shall be filed with all development projects. Every such application shall be accompanied by a completed HCP/NCCP authorization

application, as set forth by this section (derived from HCP/NCCP Chapter 6, Section 6.2) and shall include any additional contents and requirements set forth by the community development director.

A.

HCP/NCCP Application Requirements. All covered activities that require a land conversion authorization application shall submit the necessary forms and background data, including but not limited to the following:

1.

Universal Project Application Form. This form provides basic contact information for owner and applicant. For applications requiring a review for covered activities or aquatic resources of the City of Lincoln, the project description shall include pertinent information for coverage under the HCP/NCCP.

2.

Project Description and Site Plan/Map. Comprehensive project description and site plan/map with a north arrow drawn at an appropriate scale. The site plan/map must also comply with requirements in Chapters 15 (Building and Development), 17 (Subdivisions), and 18 (Zoning). The site plan/map must also include the location of permanent, direct, indirect, and temporary effects shown on the plan/map. Cross-section view drawing may be required as well. A vicinity map shall also be provided.

3.

Natural Community Types On-Site and Baseline Consistency. Provide documentation of natural community types on-site or affected by the project based on the most recent natural community information provided by the City of Lincoln, Placer County, the Placer Conservation Authority, and other applicable biological surveys.

4.

HCP/NCCP Aquatic Features. Identify HCP/NCCP aquatic features present on the project site, including any areas within a vernal pool constituent habitat immediate watershed. This should include an aquatic resources of Placer County delineation and stream system boundary identification on a topographic map.

5.

Mapping the Stream System and Salmonid Streams. Evaluate the project site for the presence of a one hundred (100)-year floodplain, U.S. Geological Survey blue-line streams, or salmonid habitat streams and map them if present.

6.

Biological Resources Effects Assessment. Determination of project effects on biological resources addressed by the HCP/NCCP (covered species and natural communities), as determined by a qualified biologist. Biological resources that will be evaluated include the natural community type, stream system, and covered species habitat. If more than 0.01 acres of aquatic resources of Placer County are present onsite, a delineation of aquatic resources shall be provided consistent with CARP Section 5.2.3.2.

7.

Results of Applicable Species Surveys. Documentation describing the planning surveys conducted during the planning phase and survey results. Survey requirements are defined in the species conditions found in Chapter 6, Section 6.3.5 of the HCP/NCCP.

8.

Proposed Assessment of Land In Lieu of Fees. Required if the project includes land that will be offered for dedication in lieu of development fees, or as a contribution to the reserve system.

9.

Avoidance and Minimization Requirements. Documentation of any applicable avoidance and minimization requirements that will be implemented, including pre-construction surveys and construction monitoring requirements.

10.

Cultural Resource Information. This information must include technical documents or reports prepared for the development project. If the development project includes aquatic resources of Placer County and a cultural resource report has been prepared that meets current USACE standards that report should be submitted with the HCP/NCCP application materials.

11.

California Environmental Quality Act compliance documents if complete.

B.

CARP Application Requirements. If the project has the potential to result in direct and indirect impacts to aquatic resources of Placer County, an applicant shall provide the following information in addition to the requirements in Section 18.89.080(A).

1.

Topographic map(s) and recent aerial photography that depict the project footprint overlaid on the habitat types including, but not limited to those within the stream system and aquatic features, the connectivity of aquatic features on the landscape and anticipated temporary and permanent impacts. The map should include all components for each project, for example: access roads, staging areas, stockpile locations, temporary disturbance areas, and permanent footprints.

2.

A description of the methods used to avoid and minimize impacts to protected resources to the extent practicable (project design, stream structural setbacks, etc.).

3.

A delineation of aquatic resources of Placer County, including the stream system boundary, consistent with the USACE guidelines for delineations of waters of the United States, overlaid on a topographic map.

4.

Assessment of impacts to aquatic resources including amount of fill in cubic yards to waters of the United States.

5.

The results of any cultural resource assessment conducted by the Placer Conservation Authority or City staff of any materials provided to comply with Section 18.89.080(A)(10) (Cultural Resource Information).

6.

Avoidance and minimization measures.

7.

Description on how the project proposes to fulfill compensatory mitigation requirements through any one, or a combination, of the following:

a.

Contribution of land, in accordance with the HCP/NCCP.

b.

Purchase of mitigation bank credits, in accordance with the HCP/NCCP.

c.

Payment of PCCP Development Fees, in accordance with the HCP/NCCP.

C.

Determination of Completeness. The community development director shall review application packages for completeness before the land conversion authorization application for the development project can be deemed complete. The determination of completeness shall include a baseline consistency determination as required by the HCP/NCCP (See Chapter 6, Section 6.2.4.3.2 Baseline Land-cover Map Consistency Finding).

f Completeness. The community development director shall review application packages for completeness before the land conversion authorization application for the development project can be deemed complete. The determination of completeness shall include a baseline consistency determination as required by the HCP/NCCP (See Chapter 6, Section 6.2.4.3.2 Baseline Land-cover Map Consistency Finding).

(Ord. No. 1019B, § 3, 10-27-2020)

A.

The PCCP development fees are hereby adopted in accordance with Chapter 9 of the HCP/NCCP for the purpose of mitigating impacts to open space, to habitat and species covered by the HCP/NCCP, and to aquatic resources of Placer County covered by the CARP. Development fee revenues will be used to fund

the program costs described in Chapter 9, Section 9.3 of the HCP/NCCP (Cost Estimate Methodology and Assumptions) through revenues described in Section 9.4 of the HCP/NCCP (Funding Sources and Assurances). Because the tasks and actions set forth in the HCP/NCCP encompass the tasks and actions set forth in the CARP, the development fees set forth in the HCP/NCCP will fund both HCP/NCCP and CARP tasks and actions.

B.

The community development department shall collect PCCP development fees for the purpose of implementing the PCCP. The PCCP development fees shall be adopted and may be increased, decreased, or changed in scope at a public hearing based on data indicating the cost or estimated cost required to provide the service for which the fee or services charges are to be levied.

C.

The amounts and method of calculating the PCCP development fees, including the land conversion fee, the special habitat fees, and the temporary effect fee, shall be adopted by city council resolution. The amount of the PCCP development fees shall be adjusted periodically based on determinations and assessments by the PCA in accordance with Chapter 9, Section 9.4.1.7 (Adjustment of Development Fees), of the HCP/NCCP. The adjusted PCCP development fee amounts shall be adopted by city council resolution.

D.

Payment of applicable PCCP development fees shall be required for all development projects subject to this article. Each land conversion authorization for such development projects shall require the project applicant to pay such fees in full to the city according to the payment schedule determined by the city. The city shall determine the PCCP development fee payment schedule for each such development project as follows:

1.

For development projects that are approved as a single-phased project, PCCP development fees shall be paid in full prior to the issuance of the first land conversion authorization or building permit;

2.

For development projects that are approved as multi-phased projects, the PCCP development fees shall be paid prior to the issuance of the first land conversion authorization for each phase, in proportion to the extent of land conversion associated with each phase, and prior to any ground-disturbing activities in each phase; and

3.

For development projects that require both land conversion authorizations and building permits, the city may allow for the splitting of land conversion fee payments, in which an initial payment is made prior to the issuance of the first land conversion authorization, in proportion to the extent of land conversion associated with such land conversion authorization, and subsequent payment(s) are made prior to the issuance of

at require both land conversion authorizations and building permits, the city may allow for the splitting of land conversion fee payments, in which an initial payment is made prior to the issuance of the first land conversion authorization, in proportion to the extent of land conversion associated with such land conversion authorization, and subsequent payment(s) are made prior to the issuance of

building permits, in accordance with Chapter 9, Section 9.4.1.8.1 of the HCP/NCCP (Timing of Development Fee Payment). Any such splitting of fee payments would require the following:

a.

The initial payment equals no less than 50 percent of the total fee obligation and thereby sufficient to fund one-time costs associated with reserve acquisition, post-permit endowment, and plan preparation costs as determined by the PCA (securing this share of the total fee obligation concurrent with initial effects).

b.

Subsequent payment(s) equal no more than 50 percent of the total fee obligation and thereby limited to funding ongoing operating costs during the term of the take permits.

c.

Each subsequent payment is based on the PCCP development fee amounts in effect at time of the subsequent payment (not the amounts in effect at time of the initial payment).

d.

The project applicant must provide a performance bond or other security guaranteeing the entire fee obligation will be paid within three years from the date of the initial fee payment.

E.

If the PCA authorizes another manner of compensatory mitigation in lieu of some or all of the PCCP development fees pursuant to Chapter 9, section 9.4.1 (e.g., a land donation, or establishing a special tax or assessment, in lieu of payment of a portion of the PCCP development fees), the project applicant shall provide the city with written documentation from the PCA of compliance with such alternative manner of payment and the dollar equivalent amount of such alternative manner of compensatory mitigation, and the amount of the PCCP development fees owed for the development project shall be reduced accordingly.

F.

All PCCP development fees collected shall be transmitted to the PCA quarterly, within 30 days of the end of the quarter within which the fee was collected, for deposit into a separate account or fund, and for the investment, accounting and expenditure in accordance with the provisions of this article and the Mitigation Fee Act.

G.

Implementation of conservation actions described in Chapter 5 of the HCP/NCCP (Conservation Strategy) are exempt from all PCCP development fees.

(Ord. No. 1019B, § 3, 10-27-2020)

18.89.100 - Land dedication in lieu of land conversion fee.

Any public or private project proponent subject to the PCCP land conversion fee may propose dedication of land to the reserve system in lieu of payment of a portion of the land conversion fee. The option to dedicate land in lieu of payment only applies to the land conversion fee and not any special habitat fee or temporary effect fee.

A.

Land Dedication Agreement. Any land dedication in lieu of a fee obligation shall require a land dedication agreement with the PCA. The PCA and the project proponent must execute the agreement before commencement of covered activities to which the credit will be applied. The land dedication agreement shall specify the terms contained in this section and conform to the requirements in section 9.4.1.10 of the HCP/NCCP (Land Provided in Lieu of Development Fees).

(Ord. No. 1019B, § 3, 10-27-2020)

18.89.110 - Wetland restoration or in-stream enhancement provided in lieu of fee.

A.

Any public or private project proponent subject to special habitat fees may propose to restore, manage, and monitor their own aquatic resource, stream, or riparian mitigation site (on or off-site) in lieu of paying all or part of the applicable special habitat fee. For project proponent-initiated aquatic resource, stream, or riparian mitigation, restoration construction must be initiated prior to construction of the covered activity; the mitigation must be consistent with the requirements of HCP/NCCP Chapter 6 (Program Participation and Conditions on Covered Activities); the site must be protected by a conservation easement; and management and monitoring must be funded in perpetuity. Any proposal to initiate restoration in lieu of special habitat fees must comply with section 9.4.1.4.2 of the HCP/NCCP.

B.

Applicants for development projects may purchase appropriate special habitat restoration credits in a mitigation bank in the HCP/NCCP that has been approved separately by USFWS and CDFW to service the HCP/NCCP (see section 8.4.7 of the HCP/NCCP, Private Mitigation and Conservation Banks, for more details).

(Ord. No. 1019B, § 3, 10-27-2020)

18.89.120 - Authorization of take and impacts to aquatic resources of Placer County.

Upon approval of a land conversion authorization incorporating all applicable HCP/NCCP and CARP conditions of approval, and payment of PCCP development fees in accordance with Section 18.89.090, the community development director shall extend the following to the project applicant:

A.

Authorized take coverage for the development project in accordance with the terms of the HCP/NCCP and the implementing agreement; and

B.

Authorization to impact aquatic resources of Placer County in accordance with the terms of the CARP.

(Ord. No. 1019B, § 3, 10-27-2020)

Decisions of the community development director may be appealed by an applicant or by any aggrieved person as provided by this section.

A.

Filing of Appeals.

1.

Appeals on decisions made pursuant to this article shall be made to the planning commission. Rulings of the planning commission may be appealed to the city council.

2.

Appeals must be made in writing, shall specify the decision or portion of the decision being appealed, shall include a detailed state of the factual and/or legal grounds upon which the appeal is being taken and shall include other information required by the appeal body, and may include any explanatory materials the appellant may wish to furnish.

3.

Filing of Appeals. An appeal must be filed within ten calendar days from the date of the decision that is the subject of the appeal. Appeals filed more than ten days after the decision shall not be accepted by the clerk of the appeal body. The written appeal shall be accompanied by an appeal fee as set from time to time by the city council.

A.

Effect of Filing. In the event of an appeal, the decision being appealed shall be set aside and of no effect until final action by the appeal body pursuant to this section.

B.

Who May Appeal. An appeal may be filed by any person affected by an action or interpretation of this article. If an action is the result of a public hearing, a hearing decision may be appealed by anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of his/her concerns before the hearing.

C.

Time Limits on Appeals. Upon receipt of an appeal in proper form, the clerk of the planning commission or clerk of the city council, as applicable, shall schedule the matter for consideration by the appropriate appeal body. The appeal body shall commence a public hearing on the appeal within 90 days of its proper

filing, or within such other time period as may be mutually agreed upon by the appellant, in writing, and the appeal body, in writing. If the public hearing is not commenced within 90 days, or an alternative time period is not agreed upon by the appellant and the appeal body, the decision rendered by the last hearing body shall be deemed affirmed.

(Ord. No. 1019B, § 3, 10-27-2020)

The community development director shall be authorized to enforce the provisions of this chapter by civil or administrative action as permitted by law and the City of Lincoln Municipal Code.

(Ord. No. 1019B, § 3, 10-27-2020)

If any part of this article is for any reason held to be invalid by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining portion of this article, and the board hereby declares that it would have adopted each provision of this article irrespective of the validity of any other provision.

(Ord. No. 1019B, § 3, 10-27-2020)

DIVISION XI. - ADMINISTRATIVE PROCEDURES—FEES CHAPTER 18.90 - FEES

For the purpose of defraying the expense involved in connection with an application or petition, the city council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for amendments to this title. The schedule may be amended by subsequent resolution. The schedule of fees, charges and expenses shall be posted in the office of the city clerk.

(Ord. 357B §7.03.000, 1979)

No action shall be taken on any application or petition until all applicable fees, charges and expenses have been paid in full. No fee will be required or charged to persons whose property is included in resolutions of intention adopted by the planning commission or the city council initiating proceedings to amend this title.

(Ord. 357B §7.03.010, 1979)

(a)

Fees are not refundable except when all of the following conditions exist:

(1)

Expenditures have not been made by the city with regard to the application or petition;

(2)

Investigation has not been made as a result of the application or petition;

(3)

The application or petition has not been set for public hearing;

(4)

The application or petition has been withdrawn.

(b)

The determination of the planning commission shall be final in all questions relating to refunds.

(Ord. 357B §7.03.020, 1979)

18.90.040 - Schedule of city service fees and charges.

The city council shall establish by resolution, a schedule of fees establishing the rates for the provision of local services. Fees listed in the master fee schedule are based upon the actual costs to provide the service.

Such fees shall be contained in a master fee schedule. The city council shall review the master fee schedule annually, at the beginning of each fiscal year, for possible revisions and amendments.

(Ord. No. 868B, §§ 1, 2, 7-24-2012; Ord. 710B §14, 2001; Ord. 689B, §1, 2000; Ord. 688B §1, 2000; Ord. 683B §1, 2000; Ord. 659B §1, 1998; Ord. 638B §1, 1996; Ord. 594B §1, Exh. A, 1993: Ord. 588B §1, Exh. A, 1993: Ord. 583B §1, Exh. A, 1992)

18.90.050 - Exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property.

A.

Scope. The duty to exhaust administrative remedies imposed by this section extends to:

(1)

Any fee or charge subject to Articles XIII C or XIII D of the California Constitution,

(2)

Any assessment on real property levied by the city, and

(3)

The methodology used to develop and levy such a fee, charge, or assessment.

B.

"Hearing" as used in this section means the hearing referenced in paragraph 4 of subsection D of this section.

C.

Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the city, unless that person submitted to the city clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

D.

Procedures. The city shall:

(1)

Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.

(2)

Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer's report, and include a link to the internet website in the written notice of the hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.

(3)

Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.

(4)

Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the city clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a hearing on the rate, charge or assessment.

(5)

Include in a written notice of the hearing, a statement in bold-faced type of 12 points or larger that:

(A)

All written objections must be submitted to the city clerk by the end of public comment period at the hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

(B)

All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, Article XIII D, Section 6(a) or for an assessment on real property under California Constitution, Article XIII D, Section 4(e).

E.

Council Consideration; City Responses. Before or during the hearing, the city council shall consider and the city shall respond in writing to, any timely written objections. The city council may adjourn the hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the hearing occurs. The city's responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

F.

City Council Determinations. The city council, in exercising its legislative discretion, shall determine whether:

(1)

The written objections and the city's response warrant clarifications to the proposed fee, charge, or assessment.

(2)

To reduce the proposed fee, charge or assessment.

(3)

To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.

(4)

To proceed with the hearing, to continue it, or to abandon the proposal.

(Ord. No. 1087B, § 2, 2-25-2025)

CHAPTER 18.91 - TRAFFIC IMPACT MITIGATION FEES

The city council finds and determines that new residential, commercial and industrial development places an additional burden on the city's existing traffic circulation and street system and creates a need for new

streets, traffic and transit improvements and facilities to serve the needs of new development. The city council further finds and determines that a traffic impact mitigation fee is necessary to mitigate the adverse impact of new development on traffic within the city and to assure that new development is consistent with the city's general plan and the traffic circulation element of this plan. Adequate streets, traffic and transit improvements and facilities contribute to and improve the quality of life within the city and are essential to the public health, safety and welfare.

(Ord. 447B §1(part), 1983)

The purpose of this chapter is to provide and maintain street, traffic and transit improvements and facilities to benefit new development and to provide a means of financing these improvements and facilities.

(Ord. 447B §1(part), 1983)

Zoning changes, conditional use permits and tentative maps whose approval will generate traffic shall be conditioned on the payment of a traffic impact mitigation fee in an amount established by resolution of the city council and in the manner set forth in this chapter. The amount of the traffic impact mitigation fee shall bear a reasonable relationship to the use of city streets, traffic and transit improvements and facilities by the future inhabitants and/or users of new development for which the zoning change, conditional use permit, or tentative map is granted.

(Ord. 447B §1(part), 1983)

Fees collected pursuant to this chapter shall be deposited in a separate fund to be known as the traffic impact mitigation fund, and shall be used only for the improvement, construction, reconstruction and maintenance of new and existing street, traffic and transit improvements and facilities. Such improvements and facilities may include, but are not limited to, acquisition of traffic signals, street overlays, reconstruction, new street construction and other related traffic and transit system improvements.

(Ord. 447B §1(part), 1983)

Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of a building permit(s) for the use authorized by the zoning change, the conditional use permit or tentative map, whichever occurs last. If such fees are not committed within this five-year period, the fees shall be returned to the applicant.

(Ord. 447B §1(part), 1983)

The city council shall adopt by resolution a schedule specifying the projected use of funds collected under this chapter. The council may amend this schedule from time to time.

(Ord. 447B §1(part), 1983)

Traffic impact mitigation fees imposed pursuant to this chapter shall be collected at the time of issuance of building permits.

(Ord. 447B §1(part), 1983)

The traffic impact mitigation fee for non-residential land uses shall be determined by applying the city's transportation public facility fee per EDU to the most recent tables adopted by the South Placer Regional Transportation Authority (SPRTA) for the City of Lincoln, using the unit of measure and the DUE per unit for the applicable category as determined by the city.

(Ord. No. 863B, § 2, 3-13-2012)

Editor's note— Ord. No. 863B, § 2, adopted March 13, 2012, amended § 18.91.080 in its entirety to read as set out herein. Former § 18.91.080 pertained to computation and derived from Ord. 447B § 1(part), adopted in 1983.

18.91.090 - Application approval criteria.

(a)

Prior to the approval of a zoning change, conditional use permit or tentative map, the decision-making body (the city council or the planning commission as the case may be) shall review the report and recommendation submitted by the city engineer and may approve, modify and approve or disapprove the report and recommendation.

(b)

Prior to approval of an application for a zoning change, conditional use permit or tentative map, the decision-making body shall determine whether such approval will generate an increase in traffic.

(1)

If the decision-making body finds that such approval will not generate an increase in traffic, the council shall not condition the zoning change, conditional use permit or tentative map on payment of a traffic impact mitigation fee.

(2)

If the decision-making body finds that such approval may generate an increase in traffic, the decisionmaking body shall determine the average daily traffic generated by the proposed zoning change,

conditional use permit or tentative map and the fee to be paid and shall condition its approval of the zoning change, conditional use permit or tentative map on payment of such traffic impact mitigation fee.

(Ord. 447B §1(part), 1983)

Nothing in this chapter shall be read to limit the right of the city council or the planning commission to disapprove any application for a zoning change, conditional use permit or tentative map for any lawful reason, including but limited to the impact that such zoning change, conditional use permit or tentative map may have on streets, traffic or transit within the city which cannot be alleviated by this chapter.

(Ord. 447B §1(part), 1983)

The city council may, from time to time, advance money from the city's fund balances to the traffic impact mitigation fund to provide sufficient funds to finance street traffic or transit improvements and facilities. Any moneys advanced to the traffic impact mitigation fund from the city's fund balances may, in the council's discretion, be reimbursed to the city's fund balances from fees paid into the traffic impact mitigation fund.

(Ord. 447B §1(part), 1983)

CHAPTER 18.92 - AMENDMENTS

This title may be amended by changing the boundaries of districts as shown on the official zoning maps or by changing the text whenever the public necessity, convenience or general welfare requires such amendment.

(1)

Except as provided in subsection B of this section, an amendment of this title may be initiated and adopted as other ordinances are initiated and adopted.

(2)

An amendment of this title which changes any property from one district to another or imposes any regulation listed in section 65850 of the Government Code, state of California, not theretofore imposed, or removes or modifies any such regulation theretofore imposed, shall be adopted in the manner described in this chapter.

(Ord. 357B §7.02.000, 1979)

An amendment may be initiated by:

(1)

The petition of one or more owners of property affected by the proposed amendment as provided by this chapter;

(2)

Resolution of intention adopted by the city council, or resolution of intention adopted by the planning commission.

(Ord. 357B §7.02.010, 1979)

The planning commission shall prescribe the form of petitions filed to change property from one district to another. The petition shall be filed with the planning director and shall be accompanied by the following:

(1)

A map, drawn to scale, showing the property for which the reclassification is requested and the exterior property lines of the property within 400 feet of the exterior boundary lines of the subject property;

(2)

The names and mailing addresses of the property owners for the property shown on the map as listed on the last equalized assessment roll of the county;

(3)

The legal description and street address of the subject property;

(4)

A fee as specified in Chapter 18.90;

(5)

The existing land use for the property shown on the map and the proposed use of the land for which the reclassification is requested;

(6)

The planning commission may require additional information such as proposed development plans, proposed street plans, or information of a similar nature.

(Ord. 357B §7.02.020, 1979)

The planning commission shall hold a public hearing on any proposed amendment. A notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be published in a newspaper of general circulation at least

ten calendar days before the hearing. In addition to notice by publication, the planning commission shall give notice of the hearing as provided by Government Code section 65854.

(Ord. 357B §7.02.030, 1979)

The planning commission may abandon any proceeding which the commission has initiated.

(Ord. 357B §7.02.040, 1979)

After the commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the city council. The commission shall include within its report a determination as to whether the proposed reclassification is consistent with the general plan of the city.

(Ord. 357B §7.02.050, 1979)

Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to this title to change property from one district to another, and the planning commission has recommended against the adoption of the amendment, the city council shall not take any further action thereon unless an interested party requests a public hearing by filing a written request with the city clerk within ten calendar days after the public hearing at which the planning commission made its recommendation or within five days after the planning commission files its recommendation, whichever date is last to occur.

(Ord. 357B §7.02.060, 1979)

The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification by the city council of the proposed ordinance or amendment as recommended by the planning commission shall first be referred to the planning commission for a report and recommendation on the proposed modification if the planning commission did not consider the proposed modification in its deliberations. The planning commission is not required to hold a public hearing on the referral by the city council. Failure of the planning commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed to be the approval of the proposed modification. The city council shall not approve the proposed modification unless it determines that the proposed modification is consistent with the general plan.

(Ord. 357B §7.02.070, 1979)

The planning commission or the city council may, prior to action on a petition, permit the withdrawal of any petition or part thereof filed pursuant to this chapter.

(Ord. 357B §7.02.080, 1979)

If a rezoning application is denied, another petition to rezone substantially the same property shall not be accepted within a one-year period unless specific approval for such filing is given by the planning commission or the city council.

(Ord. 357B §7.02.090, 1979)

CHAPTER 18.94 - APPEALS

Any person dissatisfied by an act or determination of an official of the city relating to the enforcement or interpretation of this title may appeal such act or determination to the city planning commission as provided in this chapter.

(Ord. 357B §7.04.000, 1979)

Appeals of determinations or actions of officials of the city, as provided in Section 18.94.010, may be taken by filing written notice thereof with the planning commission not later than ten calendar days after the day on which the act or determination appealed from was made. The ten-day period for filing the notice of appeal is jurisdictional and shall not be waived.

(Ord. 357B §7.04.010, 1979)

The filing of a notice of appeal shall have the effect of staying the issuance of any permit or variance until such time as the matter is disposed of on appeal.

(Ord. 357B §7.04.020, 1979)

The planning commission may review the entire proceedings relating to the act or decision being appealed and in the process of such review may rehear the matter de novo and make any order it deems just and equitable, including the granting of any variance or conditional use permit. Any hearing may be continued from time to time.

(Ord. 357B §7.04.030, 1979)

Any person who is not satisfied with an action of the planning commission may, within ten days, appeal in writing to the city council. The city council shall hear the matter de novo and may make any order it deems just and equitable, including the granting of any variance or conditional use permit. Any hearing before the

city council may be continued from time to time. An appeal, once decided by the city council, shall not be reconsidered.

(Ord. 357B §7.04.040, 1979)

Appeals before the planning commission and city council are public hearings and notice thereof shall be placed in the newspaper ten calendar days prior to the public hearing.

(Ord. 357B §7.04.050, 1979)

CHAPTER 18.96 - PLANNING COMMISSION

The planning commission shall adopt by resolution rules of operating procedure to govern its activities. Copies of the rules shall be made available to the public at a cost to be determined by the planning commission, and filed in the office of the city clerk.

(Ord. 357B §7.05.000, 1979)

CHAPTER 18.98 - ENFORCEMENT

This title shall be administered and enforced by the building inspector of the city. If the building inspector shall find that any provision of this title is being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.

(Ord. 357B §7.01.000, 1979)

The building inspector or his authorized representative may, upon presentation of credentials to the occupant or owner, enter any premises, building or structure at any reasonable time for the purpose of investigating and inspecting the premises, building or structure to determine if the same are being used in compliance with the provisions of this title. If admission or entry is refused, the building inspector shall apply to the city attorney to obtain an inspection warrant.

(Ord. 357B §7.01.010, 1979)

Officers and employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title. Any permit or license which would authorize the permittee or licensee to erect, alter or enlarge any building or structure or to use property in any manner in conflict with the provisions of this title intentionally or otherwise shall be null and void.

(Ord. 357B §7.01.020, 1979)

(a)

Except for violations referred to in Chapter 18.78, a violation of the provisions of this title or failure to comply with any of its requirements, including violations of conditions in safeguards established in connection with grants of variances, conditional use permits, site plans or planned unit developments, constitutes an infraction.

(b)

The owner or tenant of any building, structure, premises or parts thereof, or any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in this chapter.

(Ord. 562B §1, 1991: Ord. 357B §7.01.030, 1979)

Any building, structure, mobile home or recreational vehicle set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of land, buildings or premises conducted, operated or maintained contrary to the provisions of this title or contrary to a permit or variance or the terms or conditions imposed therein is unlawful and a public nuisance, and the building inspector shall cause to be commenced action or proceedings for the abatement and removal and enjoinment thereof in a manner provided by law.

(Ord. 357B §7.01.040, 1979)

CHAPTER 18.99 - PUBLIC FACILITIES FEE

In order to implement the goals and objectives of the Lincoln public facilities plan and to mitigate the anticipated growth caused by new development in the Lincoln area, certain public facilities such as roads and community facilities must be constructed. The city council has determined that a public facilities fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following sections, the city council finds the fee to be consistent with its general plan and, pursuant to Government Code section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. 517B §1(part), 1989)

A public facilities fee is established on issuance of all building permits for new development to pay for community facilities and roads. The city council shall in council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the reasonable relationship between this fee and the various

types of new developments and set forth time for payment. As described in the fee resolution, this development fee shall be paid by each developer prior to issuance of a certificate of occupancy for the commercial or industrial project or the respective dwelling units in a residential project. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

(Ord. 517B §1(part), 1989)

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

(1)

Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 18.99.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources, or

(2)

Reimburse developers who have entered into reimbursement agreements pursuant to Section 18.99.040.

(Ord. 517B §1(part), 1989)

18.99.040 - Developer construction of facilities.

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in the resolution adopted pursuant to Section 18.99.020, which facility is determined by the city to have the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the cost for that portion of the improvement needed to mitigate the burdens created by the development.

(Ord. 517B §1(part), 1989)

18.99.050 - Fee adjustment.

A developer of any project subject to the fee described in Section 18.99.020 may apply to the city council for a reduction, adjustment, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than

(1) 60 days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The city council shall approve the application in whole or in part only upon finding that due to specific and specified factors particular to

the proposed development, the charge of the fee or the type of facility is not applicable to or of benefit to the development. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee.

(Ord. 517B §1(part), 1989)