Article 15.32 — DRY CREEK WATERSHED DRAINAGE IMPROVEMENT ZONE

• A. New development, and the expansion of existing development, within the watershed of Dry Creek, as shown on Exhibit A attached to the ordinance codified in this article and incorporated herein by reference, imposes a burden on the creeks and drainage infrastructure within the watershed by adding additional impervious surface and accelerating runoff, thereby adding more runoff and increasing discharge rates. This creates a need for new drainage infrastructure and improvements. Such burdens may vary depending upon the type of land use and location within the watershed.

• B. Analysis of the land use expected at buildout of the community plans within the Dry Creek watershed makes it possible to estimate the amount of additional runoff generated by different types of land use, to analyze the drainage infrastructure or facilities necessary to mitigate that runoff, and to determine which land uses will require various portions of such infrastructure. It is, therefore, possible to charge a fee, based on land use and location, which equitably distributes the burden of providing drainage infrastructure or facilities within the Dry Creek watershed among those who will create the need for them. It is further the purpose of this article to assist with the implementation of the affected community plans by ensuring that adequate public facilities are financed and provided to serve the community.

• C. This article establishes a drainage improvement zone for the Dry Creek watershed area. It requires the payment of specified fees and annual assessments as a condition of new development and the expansion of existing development within the watershed area for the installation and maintenance of roadway drainage and stormwater drainage improvements.

• D. The intent of this program is to supplement existing county policies of requiring on-site and off-site drainage improvements, where appropriate, to accommodate increased runoff resulting from new development and the expansion of existing development.

• E. The fee requirements and annual assessments established herein shall be applicable to all new development and the expansion of existing development in the unincorporated area of Placer County located within the boundaries of the various tributary areas identified on said Exhibit A.

(Prior code § 4.2000)

For the purpose of this subchapter, certain terms or words used herein shall be defined as follows:

"Area of benefit" means the watershed area of Dry Creek as shown on the attached Exhibit A.

"Board" means the board of supervisors of Placer County.

"Building permit" means the permit issued or required by the county for the construction of any structure pursuant to and as defined by the building code.

"Capital needs program" means any and all of the flood control improvements identified in the Placer County Flood Control and Water Conservation District's Dry Creek watershed flood

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.32.020

§ 15.32.030

control plan—April, 1992, by James A. Montgomery Consulting Engineers and any amendments thereto as approved by the district's board of directors. (Note: Additional site specific environmental review will be required prior to construction of any of the flood control improvements identified in the plan.)

"CSA" means county service area.

"Department" means the Placer County department of public works.

"Director" means the director of the Placer County department of public works.

"District" means the Placer County Flood Control and Water Conservation District.

"Engineer" means the Placer County Flood Control and Water Conservation District engineer.

"Existing development" means development that exists as of the effective date of the ordinance codified in this article.

"Fee" means the drainage mitigation fees established by this article. The fees shall be used to finance and maintain the improvements. Fees are shown on Exhibits C and D attached to the ordinance codified in this article.

"Fund" means an interest-bearing trust fund account established with the department entitled Dry Creek watershed drainage mitigation fund.

"Improvements" means plan improvements that include, but are not limited to regional and local detention basins, bridge and culvert replacements, channel work, floodwalls and levees, a floodplain mapping and management program and implementation of a flood warning system.

"Local detention" means detention facilities within or near the boundary of a project designed to reduce flows leaving a project to levels required by the Placer County stormwater management manual by temporarily detaining a portion of the post-development runoff.

"New development" means development that occurs subsequent to the effective date of the ordinance codified in this article and includes any improvement that contributes additional impervious surface to the watershed area and requires design review or a building permit or approval of improvement plans. Providing, however, permits for swimming pools or the onetime expansion of an existing single-family home that results in the addition of less than 50% of the existing structure's impervious surface is exempt from the fee. Any expansion of existing commercial/industrial development is subject to the fee. The demolition and reconstruction of existing commercial/industrial development is exempt from the fee providing impervious surface area is not increased.

On-site detention. See "local detention."

"Plan" means the Dry Creek watershed flood control plan, April 1, 1992, by James A. Montgomery Consulting Engineers as adopted by the board of directors of the Flood Control and Water Conservation District and approved amendments thereto.

"Regional detention" means detention facilities designed to detain runoff from one or more major sub-basins (generally areas greater than 200 acres).

"Zone" means a subzone within the county service area. (Prior code § 4.2010)

The department is directed to establish the fund. All fees collected pursuant to this article shall be

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Placer County, CA § 15.32.030

PLACER COUNTY CODE

§ 15.32.050

deposited in the fund and expended to finance and maintain the improvements. Separate accounts will be maintained within the fund for fees as described in Exhibit C and those fees as described in Exhibit D. Subaccounts will be established within the fund for the respective sub-basins. (Prior code § 4.2030)

• A. The fees established by this article have been calculated in the manner set forth in the plan so as to pay for those facilities listed in the capital needs program.

• B. The fees established by this article are in addition to any other fees or charges required by law as a condition of development.

• C. One-time fees shall be imposed according to the schedule set forth in Exhibit C, , and shall be subject to adjustment annually as provided in Section 15.32.100. Annual fees shall be determined according to Exhibit D or any board approved amendment thereto.

• D. The one-time fee for all new development and expansion of existing development projects either of which require building permits or improvement plans shall be paid prior to issuance of the building permit or approval of the plans. For new development which does not require building permits, fees shall be paid prior to final approval of any Placer County review process. Fees for residential subdivision maps and parcel maps shall be paid prior to map filing. Building permits issued for structures on lots that have previously paid the fee as identified on Exhibit C are exempt from the one-time fee.

• E. If an approved land development project is phased, payment of the fees may be similarly phased.

• F. Fees collected may be used for a broad scope of work listed in the capital needs program, including but not limited to: design engineering, environmental review, document preparation, construction, maintenance, etc.

• G. One-time fees identified in Exhibit C for new or expanded commercial/industrial development are to be assessed on the new development area only.

• H. Annual fees for new or expanded commercial/industrial development are assessed on the basis of the new development acreage except, however, annual fees for new or expanded development which adds 25% or more to the existing impervious area would include existing plus new development acreage as a condition of the entitlement.

• I. The annual fee for new development is a yearly charge and is to be included on a parcel's property tax bill.

• (Prior code § 4.2040)

• A. Land development projects may be subject to fees in-lieu of construction where local detention is required by the plan (Exhibit B, attached to the ordinance codified in this article), and the site being developed is so limited in size that detention is not practical, or for any other reason as approved by the director in accordance with policies established by the district. In-lieu fees will be equivalent to, but not necessarily limited to, construction and property acquisition costs associated with a properly sized on-site detention facility.

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.32.050

§ 15.32.090

All construction cost estimates are subject to the review and approval of the director. Inlieu fees will be in addition to a project's fee obligation for regional detention.

• B. With the approval of the director and in accordance with policies of the district, land development projects may be allowed to oversize their on-site detention facilities to accommodate runoff in excess of the project's storage obligation.

• (Prior code § 4.2050)

• A. With the approval of the director, credit equivalent to, but not necessarily limited to, construction costs associated with the oversizing of local detention facilities may be applied to a project's fee obligation for regional detention.

• B. In the event oversizing costs exceed a project's fee obligation, reimbursement from other developments may be permitted in accordance with district policy with the director's approval. Reimbursement from other developments seeking exemption from on-site detention may be approved by the director and the engineer. County reimbursement agreements do not provide for interest carrying charges and shall be of limited duration.

• (Prior code § 4.2060)

New land development projects shall be required to form a CSA zone, in the event one currently does not cover the subject project, to provide for the collection of fees to fund the maintenance and construction of the improvements.

(Prior code § 4.2070)

• A. The one-time fee as identified in Exhibit "C" pursuant to this article shall not be charged for existing development or for existing development which rebuilds or remodels without increasing the impervious area of the site.

• B. New construction that is rebuilding development that has been destroyed or damaged by fire or other catastrophe is exempt from this article providing the construction is not adding 50% or more impervious surface for residential or any additional impervious area for commercial/industrial development.

• C. Notwithstanding the limitation contained in the definition of new development, any existing development that expands to increase the development's impervious surface shall be charged the appropriate fee as provided by Exhibits C and D. The one-time and annual fee for commercial/industrial development identified in Exhibit "C" shall be assessed on the basis of the new development area only; except, however, residential or commercial/ industrial additions which add 50% or more and 25% or more, respectively, to the existing impervious surface will subject the entire site (existing plus new development acreage) to the annual assessment shown on Exhibit "D".

• (Prior code § 4.2080)

• A. A developer of any project subject to the fees established by this article may apply to the

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Placer County, CA

PLACER COUNTY CODE

§ 15.32.090

§ 15.32.100

• director for a reduction or adjustment to the fee based on the absence of any reasonable relationship between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than 15 calendar days after notification of the amount of the fee. The application shall state in detail the basis for the claim for reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render a decision in writing not later than 45 calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within 15 calendar days thereafter, appeal the decision in writing to the board of supervisors by filing an appeal with the clerk of the board of supervisors. A filing fee equivalent to the appeal fee in effect at the time of the appeal for other land use appeals shall accompany the request. The decision of the board of supervisors shall be final. No building permit shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this section has been made.

• B. Notwithstanding the provisions of subsection A of this section, a project proponent or applicant may pay the fee "under protest" and receive a building permit, provided, however, that the application for reduction or adjustment shall thereafter be filed within 10 calendar days or any objection or appeal shall be deemed waived.

• C. Any fee created by this article is presumptively valid based upon the findings of this article that there is a reasonable relationship between the fees, the facilities and the area benefitted. It will be the burden of the proponent or applicant to move forth with evidence at the hearing to rebut this presumption. The board of supervisors will make its determination based upon all evidence from all parties whether there is sufficient evidence supporting a reasonable relationship between the fee and the facility to be financed by the fee for the particular project on appeal.

(Prior code § 4.2090)

• A. Pursuant to subsection B of this section, the fee established by this article shall be adjusted effective as of July 1st of each year by a percentage equal to the inflation rate for the prior calendar year for construction costs. The adjustment shall be based on the "State of California Department of Industrial Relations Consumer Price Index (CPI)— California for All Urban Consumers" for the previous calendar year.

• B. No later than April 15th of each year, the director of the department of public works shall determine, pursuant to subsection A of this section, the inflation rate for the prior calendar year, and shall notify the board of supervisors at a properly agendized public meeting of the recommended adjustment of the fee. The board of supervisors may reduce or waive the adjustment for that year, but may not increase the adjustment. In the event the Board takes no action on the recommendation, the fee shall be adjusted in the amount recommended effective July 1st of that year.

• C. The fees set forth in Exhibit C-1, attached to the ordinance codified in this article, shall be effective as of July 11, 1998. The fee for subsequent fiscal years, as adjusted, shall be kept on file by the director of public works.

(Prior code § 4.2100)

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Placer County, CA