Article 15.90 — RIOLO VINEYARD SPECIFIC PLAN FEE PROGRAM.

The Riolo Vineyard Specific Plan ("RVSP") RVSP Fee Program is a specific development impact fee program applicable only within the RVSP boundaries. The RVSP Fee Program identifies and imposes a RVSP fee upon every building permit issued to a participating owner or constructing entity, as long as said building permit is not exempt pursuant to Section 15.90.040, within the RVSP for the purposes of funding the construction of facilities and services herein described that are necessary to serve the RVSP. (Ord. 5898-B § 1, 2017)

For purposes of this article, the following definitions shall apply:

"Board" means the Placer County board of supervisors.

"Constructing entity" or "constructing entities" or "constructing owner" means those participating property owners who have advance-funded and constructed RVSP facilities identified in the Nexus Study and herein under the Infrastructure County Facilities Plan Area Component (Section 15.90.030).

"Discretionary land use entitlement" means an application for an entitlement that requires the county or its hearing body or bodies to exercise discretion in acting upon said application.

"Improvements" means those backbone infrastructure improvements for roadway, sanitary sewer, storm drainage and parks facilities, public land acquisition costs, supplemental sheriff facilities, transit facilities, regional recreation facilities as more particularly described in the Nexus Study.

"Mitigation Fee Act" means as codified in California Government Code Section 66000 et seq.

"Nexus Study" means the "Riolo Vineyard Specific Plan Area Fee Program Nexus Study prepared by Economic & Planning Systems, Inc., dated September 2017.

"Non-participating owner" or "non-participating owners" means real property owners within the boundaries of the RVSP who are not, as of the effective date of the ordinance codified in this article, a signatory to the RVSP D.A.

"Participating owner" or "participating owners" means the land owners who are signatories to the RVSP D.A. as of the date of enactment of this article or who subsequently become a "participating owner" by filing an application for a discretionary land use entitlement within the RVSP that is either consistent with the RVSP or seeks an amendment to the RVSP and which requires discretion by the county and/or its hearing body or bodies to act on said application.

"RVSP" means the Riolo Vineyard Specific Plan, adopted by the board by Resolution No. 2009-120 and amended by Resolution No. 2015-057 and as may be further amended by the board of supervisors.

"RVSP D.A." means the amended and restated development agreement by and between the county of Placer and HBT of Riolo Vineyards, L.L.C. to the Riolo Vineyard Specific Plan, recorded with the Placer County recorder's office on June 25, 2015 at DOC-2015-0054164-00 or as may be further amended by the board of supervisors.

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Placer County, CA § 15.90.020

BUILDING AND DEVELOPMENT

§ 15.90.030

(Ord. 5898-B § 1, 2017)

• A. Adoption. The RVSP fee is hereby established for the purposes articulated in this article. The initial dollar amount of the RVSP fee shall be set by resolution of the board following a public hearing and consistent with the Nexus Study. The RVSP fee established by this article is in addition to any other fees or charges required by law, as a condition of approval of development of the RVSP or pursuant to the RVSP D.A. The RVSP fee is applicable to the entire boundaries of the RVSP as approved by the board in 2015.

• B. RVSP Fee Components. As more particularly detailed in the Nexus Study, the RVSP fee is calculated based on the following three components:

  1. Infrastructure County Facilities Plan Area Component. The infrastructure facilities component will fund the following:

     • a. Roadway Facilities. Design and development of transportation backbone infrastructure and facilities serving the RVSP.

     • b. Sanitary Sewer Facilities. Design and development of required improvements or expansions to existing sanitary sewer facilities to accommodate future demands from RVSP development.

     • c. Storm Drainage Facilities. Design and development of required improvements or expansions to storm drainage facilities to accommodate future demands from RVSP development.

     • d. Parks. Fund the cost of constructing parks to accommodate future demands from RVSP development.

  2. Supplemental County Facilities Component. The supplemental county facilities fee component will fund the following:

     • a. Supplemental Sheriff Facilities. Payment of the RVSP development's proportionate share, as defined in the Nexus Study, of new sheriff facilities to serve new residential and nonresidential development in the RVSP.

     • b. Transit Facilities. Payment for the RVSP development's proportionate share, as defined in the Nexus Study, of new transit facilities to serve new residential and nonresidential developments in the RVSP.

     • c. Regional Recreation Facilities. Payment for the RVSP development's proportionate share, as defined in the Nexus Study, of new regional recreation facilities to serve new residential and nonresidential development in the RVSP.

  3. Administrative Component. The administrative component is intended to cover the county's cost in implementing, administering and updating the RVSP Fee Program and represents three percent of the total RVSP fee amount.

• C. Initial Amount of the RVSP Fee, Annual Adjustment, Updates.

  1. Initial Amount. The initial amount of the RVSP fee shall be set by resolution adopted by the board following a public hearing and consistent with the Mitigation Fee Act,

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Placer County, CA § 15.90.030

PLACER COUNTY CODE

2. Adjustment. The amount of the RVSP fee shall be adjusted annually on or about July 1st using the average of the change in the San Francisco Construction Cost Index (CCI) and the change in the 20-City CCI, as reported in the Engineering News Record. The adjustment in each fee will be calculated based on the difference between the most currently available index and the index amount for the same month of the previous year.

   3. Updates. The RVSP Fee Program will be subject to periodic updates if the county determines it necessary to reflect changes in developable land, actual costs for construction of improvements or changes in facilities costs difference from the CCI inflation factor.

   4. Five-Year Review. The fifth fiscal year following the first deposit into the fee account or fund and every five years thereafter, the county must review the RVSP fee fund and make findings pursuant to the Mitigation Fee Act.

• D. Payment. The RVSP fee shall be due and payable in full at each building permit issuance to a participating owner or a constructing entity. Fee deferrals and/or waivers are not available for the RVSP fee.

• (Ord. 5898-B § 1, 2017; Ord. 5915-B § 1, 2018; Ord. 6002-B § 3, 2020)

• A. Public Facilities and County-Owned Property. Public facilities or county-owned property within the RVSP are exempt from the RVSP fee unless and until such community plan designation and underlying zoning are changed to a private use.

• B. Residential Development. Once the RVSP fee is paid with respect to a residential development, the RVSP fee shall not thereafter be required to be paid in connection with the issuance of any building permit to remodel, reconstruct or expand the same residential development provided there is no increase in the number of dwelling units.

• C. Commercial Development. Once the RVSP fee is paid with respect to a non-residential development, the RVSP fee shall not thereafter be required to be paid in connection with the issuance of any building permit to remodel, reconstruct or install tenant improvements within such development that does not increase the amount of square footage for such development upon which the RVSP fee was based.

• D. Non-Participating Owner Property. Ministerial permits issued to a non-participating owner are not subject to the RVSP fee.

• (Ord. 5898-B § 1, 2017)

A RVSP fee fund shall be established with the county auditor. The fund shall bear interest at the rates available for county funds of this or similar type. Interest earned from moneys in the fund shall be allocated to the fund.

(Ord. 5898-B § 1, 2017)

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.90.060

§ 15.90.060

• A. Scope. Subject to the limitations identified in subsection B, RVSP Fee Program reimbursements will be available to a constructing entity or participating owner who has funded eligible facilities, as identified in the Nexus Study, or advanced funds to construct those improvements identified in the Nexus Study. A constructing entity or participating owner may first obtain fee credits, up to the RVSP infrastructure county facilities plan area component dollar amount obligation as identified in the Nexus Study, by converting the fee reimbursements to fee credits for use by the constructing entity or participating owner. For any amount of reimbursement not converted to fee credits, the constructing entity or participating owner must await cash reimbursement from fee revenue collections from other fee payers who have not advance-funded their proportional share of the RVSP Fee Program costs. The constructing entity or participating owner can use the fee credits on any real property owned by the constructing entity or participating owner within the RVSP boundaries. Fee credits cannot be transferred to property outside of the RVSP boundaries.

To obtain fee credits and reimbursements, a constructing entity or participating owner must enter into a fee credit and/or reimbursement agreement with the county. Reimbursements will be paid only after the county accepts the facility improvements and subject to available funds in the RVSP fee fund. No county general fund or other operating funds shall be used to reimburse a constructing entity or participating owner under this RVSP Fee Program.

• B. CFD 2017-1. If a constructing entity or participating owner finances and constructs an improvement that is financed by CFD 2017-1 or a subsequently formed community facilities district within the RVSP, the constructing entity or participating owner may request a fee credit but not fee reimbursement. Fee credits would be based on the amount of financing provided for the infrastructure improvements by CFD 2017-1 that would have otherwise been funded by the infrastructure county facilities plan area component of the RVSP Fee Program, up to, but not in excess of, the amount that will be funded by the infrastructure county facilities plan area component of the RVSP Fee Program by the properties located within the boundaries of the CFD 2017-1.

• C. Fee Reimbursement.

1. Agreement. Subject to subsection B, a fee reimbursement agreement, in a form acceptable to the county counsel, may be entered into between the county and each constructing entity or participating owner in connection with the financing and construction of improvements identified in the Nexus Study. The agreement will include provisions for bonding, completion and acceptance of the improvements, warranties, priority for reimbursement based on relative calendar year priority of the fee reimbursement agreement consistent with the Nexus Study, provisions to allow fee reimbursements to be converted to credits that can be applied against the infrastructure county facilities plan area component of the RVSP fee within a constructing owner's property within the RVSP area and other provisions relating to reimbursement and administration of the RVSP Fee Program.

   2. Cash Reimbursements. Fee reimbursements that are not converted to fee credits will be subject to reimbursement from the RVSP cash flows, when available, on a first-in first-out basis. (See subsection G.) The county is only required to provide cash reimbursements when sufficient funds are available in the RVSP fee fund.

   3. The administrative component of the RVSP Fee Program shall not be subject to reimbursement.

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Placer County, CA § 15.90.060

PLACER COUNTY CODE

1. Agreement. A fee credit agreement, in a form acceptable to the county counsel, may be entered into between the county and each constructing entity or participating owner in connection with fee credits. A combined reimbursement and fee credit agreement, in a form acceptable to the county counsel, may be entered into.

   2. The fee credits may be used to offset other RVSP fee payments due for development within the RVSP boundaries. Fee credits cannot be used to offset any other fee payment obligations, as identified in the RVSP D.A. or conditions of approval as required for development within the RVSP and cannot be transferred to developments outside of the RVSP boundaries.

   3. The administrative component of the RVSP Fee Program shall not be included in the calculation of or subject to fee credit.

• E. Hold Harmless. Since the RVSP fee is for the benefit of the participating owners in the RVSP area, pursuant to Section 6.1 of the RVSP D.A., the participating owners shall protect, defend, indemnify and hold harmless the county and its officers, agents and employees from any and all claims and/or causes of action for any loss or damage related to RVSP Fee Program reimbursement or credit.

• F. This section does not preclude or prevent a constructing entity or participating owner from seeking reimbursement from development areas outside of the RVSP boundaries for advance private funding and construction of improvements or for oversizing improvements. Reimbursements for these will be handled through the appropriate county fee program, reimbursement agreement or developer cost-sharing agreement.

• G. Priority on Cash Reimbursements. Cash reimbursements will be paid on a first-in first-out basis based on the effective date of the fee reimbursement agreement in any calendar year. The calendar year priority will be determined by the effective date of the fee reimbursement agreement. If two such agreements have the same effective date in the same calendar year, reimbursements will be paid out pro rata to each constructing entity or participating owner based on the relative amount of fee reimbursements owed to each constructing entity or participating owner. The county is only required to provide cash reimbursements when sufficient funds are available in the RVSP fee fund.

• (Ord. 5898-B § 1, 2017)

The RVSP Fee Program is enacted pursuant to the RVSP D.A. Accordingly, during the time the RVSP D.A., or any subsequent or amended or additional RVSP D.A. is in effect, the RVSP Fee Program may not be repealed by any participating owner. After the terms of all applicable RVSP D.A.'s have run, the RVSP Fee Program will remain in full force and effect and can only be repealed by an action of the board.

(Ord. 5898-B § 1, 2017)

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Placer County, CA