Article 15.34 — PARKS AND RECREATIONAL FACILITIES FEES

• A. In order to fulfill its responsibilities under the law, implement the goals and objectives of the county general plan and to mitigate impacts caused by new development projects within the county, parks and recreational facilities fees are necessary. The fees are needed to finance parks and recreational facilities and to assure that new development projects pay their fair share for these parks and recreational facilities.

• B. The county's general police power, California Constitution Article 11, Section 7, and Title 7, Chapter 5, Section 66000 et seq. of the California Government Code provide that parks and recreational facilities fees may be enacted and imposed on development projects.

• C. The board of supervisors finds and determines that the purpose of the park and recreation facilities impact fee is to provide funding for expansion of park land and recreation facilities required to serve new development in unincorporated Placer County. New development projects cause the need for construction, expansion or improvement of parks and recreational facilities within the county.

• D. The board of supervisors finds and determines that the park and recreational facilities impact fees will be used by the county to provide park land and recreation facilities needed to serve new development. Proceeds from the park and recreation facilities impact fees will be used by county to provide the following types of improvements and facilities:

  1. Provide capital improvements necessary for park and recreation development of park land provided through land dedication or acquired with the proceeds of in-lieu fee revenue, as required under Chapter 16 of this code.

  2. Acquire and improve land for active park and recreation facility development to serve the needs of residents of new development approved on pre-existing parcels in the unincorporated area.

  3. Acquire and improve land for passive park development to serve the needs of new development throughout the unincorporated area.

• E. The board of supervisors finds and determines that development of new residential land uses in Placer County unincorporated areas will generate additional need for neighborhood and community park facilities for both active and passive recreational purposes. The funds will be used to acquire and develop local and community parks and recreational facilities to serve new development in the unincorporated area.

• F. The board of supervisors finds and determines that local and community parks provided by the county serve the residents of the county's unincorporated areas. Active parks and recreation facilities for the use of the population living in the unincorporated area are fully utilized. As developers build new homes in the county to accommodate the county housing demand, the unincorporated area service population increases and the county must expand its local and community park and recreation facilities to serve that expanded population, or existing and new residents will experience a decline in the level of this service.

ion living in the unincorporated area are fully utilized. As developers build new homes in the county to accommodate the county housing demand, the unincorporated area service population increases and the county must expand its local and community park and recreation facilities to serve that expanded population, or existing and new residents will experience a decline in the level of this service.

• G. The board of supervisors finds and determines that the park and recreation facilities fees

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Placer County, CA

PLACER COUNTY CODE

§ 15.34.010

§ 15.34.020

are based on estimates of the amount of park land needed and the costs of land and improvements required to serve the park and recreational facility needs associated with the projected increase in service population. The fee amounts are no more than is necessary to maintain the planning standard for both active and passive park and recreation facilities throughout the unincorporated area as illustrated by the Hausrath Economics Group Placer County Park and Recreation Facilities Fee Study. This study is adopted by the board by separate resolution.

• H. The board of supervisors finds and determines that funds for construction, expansion or improvement of parks and recreational facilities are not available to accommodate the needs caused by development projects; which will result in inadequate parks and recreational facilities within the county.

• I. The board of supervisors finds that the public health, safety, peace, morals, convenience, comfort, prosperity and general welfare will be promoted by the adoption of parks and recreational facilities fees for the construction, expansion or improvement of parks and recreational facilities, the need for which is caused by new development projects. In establishing parks and recreational facilities fees, the board of supervisors finds the fees to be consistent with the county general plan/land use ordinance and, pursuant to Government Code Section 65913.2, has considered the effects of the fees with respect to the county's housing needs as established in the housing element of the general plan/land use ordinance.

• J. The board of supervisors finds that failure to enact parks and recreational facility fees will subject county residents to conditions antithetical to their health and/or safety and their general welfare.

• K. The board of supervisors finds that the fees imposed pursuant to this article fairly reflect the parks and recreational facilities needs width are generated by new residents from developments in each fee category. The Hausrath Study reasonably applies residential densities for various land uses in calculating the fee. The range of use categories for which fees are specified fairly represents the variations in resident demand for services. The variation within each category is reasonable.

the parks and recreational facilities needs width are generated by new residents from developments in each fee category. The Hausrath Study reasonably applies residential densities for various land uses in calculating the fee. The range of use categories for which fees are specified fairly represents the variations in resident demand for services. The variation within each category is reasonable.

• L. The board of supervisors finds that pursuant to express policies of the countywide general plan adopted by the board of supervisors on August 16, 1994, new development within the county is to pay its fair share for new parks and recreational facilities, the need for which is generated as a result of the new development, otherwise, the cost of these facilities or the failure to provide such facilities will be disproportionate, and unfairly borne by other county taxpayers, or will unfairly reduce the level of service provided to present county residents.

• M. The board of supervisors finds that the provisions of this chapter are consistent with the requirements of California Government Code Section 66007(b) and the California Constitution, Article 11, Section 7.

• N. Pursuant to Title 14 Code of Regulations Sections 15061 and 15273(4), the board of supervisors finds that this title is exempt from the California Environmental Quality Act as this is the establishment of a charge by a public agency for the purpose of obtaining funds for capital projects and maintain service within existing service areas.

• (Ord. 5298-B Exh. A, 2004)

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.34.020

§ 15.34.040

The parks and recreational facility fees enacted pursuant to this article are to be collected prior to the issuance of building permits or at the earliest time permitted by law as determined by the county executive officer or his/her designee.

(Ord. 5298-B Exh. A, 2004)

The following words, when used in this article, and in resolutions adopted thereto, shall have the following meanings:

"Accessory dwelling unit" and "junior accessory dwelling unit" have the same meanings as defined in the California Government Code.

"Age-restricted senior housing" means those projects with restricted residency requirements in compliance with all the provisions of California Civil Code § 51.3, the federal Fair Housing Act amendments of 1988, and the Housing for Older Persons Act of 1995.

"Board of supervisors" means the board of supervisors of the county.

"County" means the county of Placer, a charter law county organized and existing under the constitution and laws of the state of California, and a political subdivision of the state of California.

"Development project" means any project undertaken for the purpose of development. "Development project" includes, but is not limited to, the following:

• A. All land divisions, including lot line adjustments, certificates of compliance, parcel maps, tract maps and condominium conversions;

• B. Any project requiring an approval pursuant to this code, including approvals of development plans, site plans, minor use permits, and variances, but excepting approvals of county general plan/land use ordinance amendments;

• C.

  • Any project which requires the issuance of any building permit; and

• D. Any other real property development, which is subject to the jurisdiction of the county and which requires an approval that is subject to the exercise of the discretion of the board of supervisors, the county planning commission, the planning director of the county, or the chief building official of the county.

"Fee" means a monetary exaction, other than a tax or special assessment, which is charged to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of parks and recreational facilities related to the development project.

"Recreational facility" includes parks, recreational buildings, improvements, systems, fixtures, and associated capital needs required to provide recreational services and community amenities. (Ord. 5298-B Exh. A, 2004; Ord. 6001-B § 4, 2020)

The imposition of parks and recreational facilities fees shall be accomplished; from time to time, by resolution of the board of supervisors after a noticed public hearing. Such fees, when imposed, shall be a condition of the issuance of permits for, or the approval of, development

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Placer County, CA

PLACER COUNTY CODE

§ 15.34.060

§ 15.34.040

projects.

In adopting each such resolution the board of supervisors shall:

• A. Identify the purpose of the fee;

• B. Identify the use to which the fee is to be put;

• C. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;

• D. Determine that there is a reasonable relationship between the need for the parks and recreational facilities and the impacts caused by the type of development project on which the fee is imposed;

• E. Determine that there is a reasonable relationship between the amount of the fees and the cost of the parks and recreational facilities, or portion of the parks and recreational facilities, attributable to the development projects on which the fees are imposed; and

• F. Establish, as a part of each such resolution, a schedule of fees with applicable inflation index.

• (Ord. 5298-B Exh. A, 2004)

• A. The county executive officer or designee shall report to the board once each fiscal year any portion of a fee remaining unexpended or uncommitted in an account five or more years after deposit and shall identify the purpose for which the fee was collected. The board of supervisors shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

• B. A refund of unexpended or uncommitted fees for which a need cannot be demonstrated along with accrued interest may be made to the current owner(s) of the development project(s) on a prorated basis. The county may refund unexpended and uncommitted fees that have been found by the board to be no longer needed, by direct payment or by offsetting other obligations owed to the county by the current owner(s) of the development project(s).

• C. If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this section exceed the amount to be refunded, the county, after a public hearing, for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which fees are collected subject to this article and which serves the project on which the fee was originally imposed.

• (Ord. 5298-B Exh. A, 2004)

• A. Prior to the issuance of any building permit, or permit for other entitlement if no building permit is involved, the project proponent and/or applicant shall pay to the county the fees

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.34.060

§ 15.34.070

adopted by resolution pursuant to this article, except where exempt by State law.

• B. The amount of the fee on the date that an application for the building permit, or other entitlement or development permit, in the case where a building permit is not required, is accepted by the county shall be the amount owing for that application. However, in the case of any vested tentative map or vested parcel map, any increases in the fee shall not apply after the application for such map is deemed complete. This exception shall only operate for the life of the tentative map or vested parcel map plus, one year after the recording of the final map.

• C. When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, the fee payment shall not be required, unless the fee schedule has been amended during the interim, in which case the appropriate increase or decrease shall be imposed.

• D. In the event that subsequent development occurs with respect to property, other than singlefamily residences, for which fees under this article have already been paid, additional fees shall be required only for any change in use category, or increase in the total number of dwelling units, for which additional fees shall be required as determined appropriate by the county executive officer or designee.

• E. When a fee is paid for a development project and that project is subsequently substantially changed in use or reduced in number of dwelling units prior to construction, it shall then be entitled to a lower fee and the county shall issue a partial refund of the fee as determined appropriate by the county executive officer or designee, minus the administrative portion of the fee.

• F. When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit, the payor upon request shall be entitled to a refund of the fee paid, minus the administrative portion of the fee.

• G. No fee shall be assessed pursuant to this article for the reconstruction of any residential development project that is reconstructed, except that additional fees shall be required for any increased dwelling units, applicable change in category of use. Notwithstanding the provisions of this subsection, no credit shall be due for any change to a less intensive use.

• H. Exemptions for Deed-Restricted Accessory and Junior Accessory Dwelling Units. Accessory or junior accessory dwelling units that are deed-restricted for affordability as provided under Placer County Code, Chapter 17, Article 17.56, Section 17.56.200 are exempt from processing, plan check, inspection, and building permit fees. Verification of deed restriction must be rendered in writing from the planning division to the building services division prior to the issuance of any permits.

• I. The fees charged to accessory and junior accessory dwelling units of 750 (seven hundred fifty) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling. Accessory and junior accessory dwelling units less than 750 (seven hundred fifty) square feet are not subject to fees under this section.

• (Ord. 5298-B Exh. A, 2004; Ord. 5816-B § 4, 2016; Ord. 6001-B § 4, 2020; Ord. 6317-B, 6/10/ 2025)

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Placer County, CA § 15.34.070

PLACER COUNTY CODE

§ 15.34.080

Fees paid under this article shall be held in separate parks and recreational facility accounts to be expended for the purpose for which they were collected by the county. The county shall retain any interest accrued and allocate it to the accounts for which the original fee was imposed. The county shall deposit, invest, account for and expend the fees in accordance with California Government Code Section 66006.

(Ord. 5298-B Exh. A, 2004)

• A. The adoption of parks and recreational facility fees is a legislative act and the specific fee amount authorized pursuant to this article shall be adopted by resolution after a noticed public hearing before the board of supervisors. The fees adopted shall be based upon and reflect the need for parks and recreational facilities as identified in the county parks and recreational facilities needed to serve growth study (Hausrath Economics Group, January 2003), relevant community and specific plans, as well as the county general plan.

• B. The fees assessed pursuant to this article shall be automatically adjusted annually on or about July 1st in accordance with the change, if any, in the CPI (State of California Department of Industrial Relations Consumer Price Index — California For All Urban Consumers). 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.

• C. The project proponent and/or applicant for any project subject to the fee described in this article may apply to the county executive officer or designee for relief from imposition of the fee, reduction of the fee, or waiver of the fee, based upon the alleged 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, or other alleged legal basis for exemption. In the case of fees applied within the unincorporated area of the county, such application shall be made in writing and filed with the county executive officer or designee not later than:

  1. Ten days prior to the public hearing on the development permit application for the project; or

  2. If no development permit is required such application shall be filed at the time of the filing of the application for a building permit. For those projects within the cities, the application for relief from this article must be filed within 10 days of written notice of the proposed fee regarding that project or within 10 days of application for the building permit, whichever occurs first. The application shall state in detail the actual basis for the claim of waiver, reduction, or adjustment. The county executive officer or designee shall have 15 days to consider and act upon the request, and shall issue his or her administration determination in writing. Failure to take action for more than 20 days shall mean the request is denied. If the project proponent desires to appeal that administrative determination of the county executive officer or designee, the project proponent must apply in writing within 10 days of written notification of the denial of the appeal for a fee adjustment, paying the appropriate appeals fee, to the board of supervisors, which shall consider the application at a public hearing commenced within 45 days after the filing of the fee adjustment appeal. The county

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.34.080

§ 15.34.110

executive officer or designee shall prepare a staff report and recommendation for board consideration. The decision of the board of supervisors shall be final. If a reduction, adjustment, or waiver is granted by the board, any subsequent material change in use regarding the project shall subject such waiver, adjustment or reduction of the fee to reevaluation by the county.

• D. Reimbursement agreements shall be considered for new development projects which are required to fund or construct parks and recreational facilities included in the general plan which provide capacity significantly in excess of project needs. Such agreements shall include a provision for Placer County to be reimbursed for preparation and administration costs.

• E. Credit against this fee obligation for the construction of any private recreational improvements by the project proponent, shall be considered, and if determined appropriate by the county executive officer or designee, shall be granted against the fees owed by that project proponent. Such credit, if any, shall be calculated by the county parks and open space director. The county parks and open space director shall determine the basis for calculating the amount of credit for other improvements (such as buildings, etc.), if any. For all improvements such credit shall be limited to a maximum of 50% of the amount of fee that would otherwise be imposed pursuant to this article, except as provided under the provisions for reimbursement set forth above.

• (Ord. 5298-B Exh. A, 2004; Ord. 6002-B § 2, 2020; Ord. 6075-B § 4, 2021)

This article and any subsequent amendment to the parks and recreational facilities fee program shall be read together. With respect to any parks and recreational facility fee enacted by resolution pursuant to this article, any provision of such a parks and recreational facility fee which is in conflict with this article shall be void.

(Ord. 5298-B Exh. A, 2004)

Violation of this article shall subject the violator to those provisions of Article 1.24 of the Placer County Code. Violation of this article shall also subject the violator to placement of a lien on the subject real property for the amount of the fees, plus administrative and collection costs, attorney fees, and interest, if any, and/or pursuant to a separate hearing held before the board of supervisors, after reasonable notice and due process have been accorded to the parties. (Ord. 5298-B Exh. A, 2004)

Should any provision of this title or a subsequent amendment thereto be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this title shall remain in full force and effect.

(Ord. 5298-B Exh. A, 2004)

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Placer County, CA