A. 
This article establishes a road network capital improvement program for unincorporated Placer County, and requires the payment of specified fees for coordinated transportation improvements as a condition of development within the Placer County road network traffic limitation zone (TL zone), the area shown in the Public Works Countywide Traffic Fee Program Schedule. This TL zone boundary is identical to that of the unincorporated area of Placer County.
B. 
The intent of this fee program is to supplement the existing street improvement ordinance contained in Article 12.08 of the Placer County Code, by defining specific, additional traffic circulation improvements required within the traffic limitation zone. The basic requirements of said street improvement ordinance are not affected by the provisions of this article.
C. 
The fee requirements established in this article shall be applicable to all new development located within the boundaries of the traffic limitation zone and districts therein, as shown in the Public Works Countywide Traffic Fee Program Schedule. New development projects undertaken by Placer County and other public agencies which must obtain permits from Placer County are subject to requirements of this article. It is a specific purpose of this article to implement the fee alternative, as set forth in Section 17.52.140(B)(3) of Chapter 17 of the Placer County Code.
D. 
This article repeals all provisions of the following sections of Placer County Code: Prior Code Subchapter 21 (Athens Avenue Traffic Limitation Zone), Prior Code Subchapter 20 (Auburn/Bowman Community Plan Traffic Limitation Zone), Prior Code Subchapter 19 (Dry Creek-Western Placer County Traffic Limitation Zone), Prior Code Subchapter 18 (Granite Bay Traffic Limitation Zone), and Prior Code Subchapter 17 (Highway 65 Traffic Limitation Zone), of Prior Code Chapter 4, Placer County Code; and Section 126 of Appendix A of Chapter 17, Placer County Code (Squaw Valley General Plan and Land Use Ordinance). All funds in the accounts for these repealed programs shall remain in these separate accounts until used for the projects for which they were collected.
(Prior code § 4.2200; Ord. 5590-B § 1, 2010)
For the purpose of this article, certain terms or words used herein shall be defined as follows:
"Accessory dwelling unit" and "junior accessory dwelling unit"
have the same meanings as defined in the California Government Code.
"Approval"
means an actual use entitlement granted by Placer County, not an acceptance of an application as complete.
"Board"
means the Placer County board of supervisors.
"Building permit"
means the permit required by Placer County to do or cause to be done any work regulated by the county's building codes.
"Director"
means the Placer County director of public works or designee.
"District"
means any of the several local fee areas within the Placer County road network TL zone boundaries, as shown in the Public Works Countywide Traffic Fee Program Schedule.
"Dwelling unit equivalent" (DUE)
means a measure of traffic utilization of the transportation system. This factor is based upon the number of peak-hour trips, trip length, and proportion of new trips. The DUE factor is used to quantify road network usage for each land use type by using as a measure the road network usage of a single family dwelling unit.
"Exempted development"
means changes of land use or construction from which no additional dwelling units are created and no additional PM peak-hour usage of the road network over and above that attributed to the existing use as determined by the director. "Exempted development" also means accessory and junior accessory dwelling units that are deed-restricted for affordability as verified by the county housing specialist and in accordance with current State Department of Housing and Community Development requirements, as provided under Placer County Code, Chapter 17, Article 17.56, Section 17.56.200. 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.
"New development"
means the original construction of residential buildings, original construction of commercial, industrial or other nonresidential buildings, or, the expansion, alteration, enlargement, conversion or replacement of existing buildings or the construction of new accessory buildings. New development includes a change in building use that results in an increase in PM peak-hour usage of the road network.
"Public Works Countywide Traffic Fee Program Schedule"
shall mean the zone boundary and fee schedule on file with the director.
(Prior code § 4.2210; Ord. 5590-B § 2, 2010; Ord. 5816-B § 3, 2016; Ord. 6001-B § 2, 2020)
The collection process and the amount of fees for improvement of roadways and intersections identified in the Public Works Countywide Traffic Fee Program Schedule and the Capital Improvement Program for the Placer County road network TL zone shall be as specified below:
A. 
Imposition of Fee.
1. 
A fee shall be charged to and paid by all nonexempted new development in the Placer County road network TL zone. The director shall determine if the development lies within the Placer County road network TL zone, the specific district within the TL zone, the type of development, and the corresponding fee to be charged in accordance with this article.
2. 
When an application for a building permit is filed to convert an existing development to another type of development that falls within a different land use category listed in the Public Works Countywide Traffic Fee Program Schedule, the director shall determine the amount of traffic impact fee under this subsection. The amount of the traffic impact fee shall be the difference obtained by subtracting the traffic impact fee calculated for the existing development from the traffic impact fee calculated for the proposed development. If the difference is zero or a negative number, no impact fee shall be owed.
B. 
Amount of Fee.
1. 
Fees for all new development within the Placer County TL zone shall be calculated using the information and formulas shown in the Public Works Countywide Traffic Fee Program Schedule. The director may also use such additional information as is necessary to assist in determining the fees for any new development. The director may require the representative of such new development to provide such information or data.
2. 
Fees paid in accordance with this article are collected to fund an entire capital improvement program and are not intended for any specific improvement project. The fees paid shall be the most current fees as established by the board, regardless of any prior traffic mitigation fees paid. However, such prior fees paid shall be counted toward the current fee obligation.
3. 
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.
C. 
Time of Collection of Fees. Fees for all development projects which require building permits shall be paid prior to the issuance of building permits, except where exempt by State law. Fees for new development projects, which do not require building permits, shall be paid before any other applicable county approval is made final.
D. 
Use of Fee. The fee collected shall be used for the following purposes: (1) to pay for the capital improvements listed in the Capital Improvement Program (the CIP), including planning, design, administration, environmental compliance, and construction; or (2) to acquire right-of-way for those improvements listed in the CIP for which funding is expressly provided for right-of-way; or (3) to reimburse Placer County for construction of such capital improvements listed in the CIP; or (4) to reimburse other development projects for construction of such capital improvements. Funding for the fee program for any improvement project is limited to the amounts shown in the CIP, unless expressly approved by the board.
E. 
Fee Adjustments.
1. 
The applicant for any new development project subject to the fee described herein may apply to the board for a reduction or an adjustment of that fee, based upon the absence of any reasonable relationship or "nexus" between the traffic impacts of that new development and either the amount of the fee charged or the type of facility to be financed by this fee program.
2. 
The application shall be made in writing and filed with the clerk of the board. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The board shall consider the application at a hearing held within 60 days after the filing of the adjustment application.
3. 
The decision of the board shall be final. If a reduction, adjustment, or waiver is granted, any change in the approved new development project shall invalidate the waiver, adjustment, or reduction of the fee.
F. 
Fee Review and Adjustments.
1. 
The fees assessed pursuant to this article and the cost estimates within the capital improvement program shall be adjusted annually in accordance with subsection (F)(2) of this section.
2. 
The director shall determine a proposed annual adjustment using the Construction Cost Index published in the Engineering News Record as the basis of the director's determination. 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. The director shall review the estimated cost of projects included in the capital improvement program, the continued need for such improvements, and the reasonable relationship between such need and the impacts of the various types of new developments, both pending and anticipated. The director shall notify the board at a public meeting of the proposed fee adjustment. No fee adjustment shall be effective until approved by the board. Any fee adjustment approved by the board shall be effective on July 1st of the year in which the action is taken, or at such other time as is provided by law.
3. 
Fees are established as described in the Public Works Countywide Traffic Fee Program Schedule. Future adjustments to the fee schedule may be made by board resolution.
4. 
The director shall maintain the current fee schedule. The director shall make the current fee schedule available for public review upon request
G. 
Supplemental Fees. From time to time, the director may determine that a proposed new development project would have a significantly greater impact on public facilities than would be reflected in the fees established herein. Within 15 days of making such a determination but prior to issuing any county permit, the director shall forward such a new development project to the board for review and action. The board may concur with the director's determination and impose a supplemental fee for a project upon the making of necessary findings pursuant to Government Code Section 66001. The determination shall be based upon the application for a development permit, or upon the application for a building permit if no development permit is required, and any additional information requested by the board. The board may require the project applicant to submit engineering data, calculations, or other project information which, in its judgment, is necessary to make a determination.
H. 
Dispute Resolution. Any dispute regarding a determination by the director shall be resolved by the board.
I. 
Trust Fund. Subject to subsection P of this section, an interest-bearing trust fund shall be maintained exclusively for each district and shall be identified by the name of that district. Further subject to subsection P, these district trust funds and interest earned by each of these district trust funds shall be used solely for improvements included in the Placer County capital improvement program for each respective district. Upon receipt by Placer County, fees collected shall be segregated and deposited in the several district trust funds by the department of public works.
J. 
Phasing. If a project is phased, payment of fees pursuant to this article may be similarly phased.
K. 
Reimbursement Agreements. Shall be considered for new development projects which are required to fund or construct improvements included in the capital improvement program which provide capacity significantly in excess of project needs. Such agreements shall include a provision for Placer County to recapture preparation and administration costs attributable to these agreements. Reimbursement agreements shall apply only to the value of improvements that exceeds the new development project's fee obligation. The fee obligation shall be exclusive of amounts to be recaptured by reimbursement.
L. 
Priorities. Placer County's department of public works shall review the Placer County road network capital improvement program during the department's annual budget preparation period. Such review shall be for the purpose of recommending to the board funding priorities for the coming fiscal year among the projects identified in the capital improvement program.
M. 
Credit Against Fee Obligation. For construction of improvements from the capital improvement program by new development shall be granted against the fees owed and shall be calculated by the director. The amount of such credit shall be calculated using an "average cost per linear foot of roadway-lane" basis. The director shall determine the basis for calculating the amount of credit for other improvements (such as intersections, signalization, etc.). For all improvements, such credit shall be limited to amounts shown in the "Mitigation Fee Program Share" column shown in the current CIP.
N. 
Termination of the Placer County Road Network TL Zone. This TL combining zone shall be terminated by the board when:
1. 
The CIP including such projects as may be added at a later date by the board, has been constructed; and/or
2. 
Sufficient funding to construct all projects listed in the CIP project list has been collected.
O. 
Excess Funds. Should excess funds be collected prior to dissolution of this fee program, those excess funds shall be used for construction of transportation improvements within the Placer County road network TL zone area.
P. 
Loans. Loans shall be allowed between the different fee district funds upon the recommendation of the director and shall comply with the following:
1. 
The loan is to provide funding for a specific capital improvement project already contained within the CIP of one of the other districts;
2. 
The director determines in writing that special circumstances exist to justify the loan. "Special circumstances" shall include, but not be limited to, opportunities to obtain grants or other funding, coordination with other project(s) and/or project timing;
3. 
Loaned funds will be repaid, with interest at the Treasurer's Annual Pooled rate, as funds become available; and
4. 
The board is notified of and approves the loan.
(Prior code § 4.2220; Ord. 4971, 1999; Ord. 5225-B §§ 1 and 2, 2003; Ord. 5467-B, 2007; Ord. 5590-B § 3, 2010; Ord. 6001-B § 2, 2020; Ord. 6002-B § 1, 2020; Ord. 6153-B § 1, 2022; Ord. 6317-B, 6/10/2025)
A. 
Project priorities for the Placer County road network TL zone districts shall be established by the board.
B. 
The board shall allocate the funds collected pursuant to this article.
C. 
Land development projects within the Placer County road network TL zone shall be required to construct roadways, dedicate rights-of-way, adjust or relocate building sites, modify proposed parking and circulation, provide parking lot connectors between adjacent developments, and otherwise accommodate projects which are a part of the adopted capital improvement program for the Placer County road network TL zone.
(Prior code § 4.2230)
A. 
Any person who believes him or herself to be adversely affected by an action or requirement of the county pursuant to this article may appeal the action or requirement to the board.
B. 
Variances from the requirements of this article shall be granted only if it is found that because of special circumstances applicable to the proposed development, the strict application of this article would deprive the proposed development of privileges enjoyed by other property in the vicinity under identical zoning classifications.
(Prior code § 4.2240)