This article shall be known and cited as the "Fee Deferral Program Ordinance."
(Ord. 5798-B § 1, 2015)
The Placer County board of supervisors desires to encourage the construction of residential and nonresidential development projects within the county. The board of supervisors finds that the early payment of certain impact fees for new development under current financial conditions creates a barrier to such development and desires, by the adoption of this article, to ease such barriers by deferring on a temporary basis the time for payment of certain development impact fees.
(Ord. 5798-B § 1, 2015)
Notwithstanding any other provision of this code, upon application and approval pursuant to this article, an approved development project shall pay the following fees as allowed in accordance with the provisions of this article:
(Ord. 5798-B § 1, 2015)
means the director of the community development resource agency, or designee.
means the owner or owners of record of the real property with an approved development project for which a fee deferral is sought pursuant to this article.
means a project that has received final discretionary action by the county and which has completed all environmental compliance requirements.
(Ord. 5798-B § 1, 2015)
A.
At the time of building permit issuance or the time of improvement plan approval, an applicant of an approved development project may file a written application with the county to request deferral of any of those fees enumerated in Section 15.70.030 of this article.
B.
Deferral of fees pursuant to this article shall be acknowledged by an agreement or other writing satisfactory to the agency director and approved by county counsel. Said agreement may be executed by the agency director.
C.
All of the following requirements must be satisfied prior to execution of a fee deferral agreement by the agency director: (1) submittal to the county of a complete application; (2) deposit of all fees pursuant to Sections 15.70.060 and 15.70.100; (3) deposit of security for the payment of those fees to be deferred pursuant to Section 15.70.070; and (4) submittal of evidence that all property tax obligations of the applicant are paid in full for the approved development project and all other property owned by the applicant in unincorporated Placer County.
D.
Fees that are approved for deferral for a single-family residential development project pursuant to this article shall be due and payable for each individual lot within the approved development project upon the earlier of: (1) a request for final inspection or certificate of occupancy under a building permit; or (2) the end of the maximum fee deferral period as set forth in the agreement required pursuant to subsection B of this section.
E.
Fees that are approved for deferral for a multifamily residential project or a nonresidential development project pursuant to this article shall be due and payable for each building within the project upon request of issuance of a certificate of occupancy.
F.
The maximum fee deferral period for any development project is 24 months from the date of any agreement for a fee deferral required pursuant to subsection B of this section. If not paid within the 24 month fee deferral period, a penalty and interest shall accrue on any unpaid balance pursuant to Section 15.70.080.
G.
The approval of a fee deferral pursuant to this article for any approved development project shall not be transferable to another project regardless of whether the applicant is the same for both projects or whether the other project is also a qualified project.
H.
The agency director is authorized to administer this fee deferral program consistent with the intent of this article.
(Ord. 5798-B § 1, 2015; Ord. 5896-B § 1, 2017)
The application for fee deferral may be submitted concurrently with or in advance of any application for building permits for the subject property and shall be accompanied by any security and application fees required by this article. In no event, however, shall a building permit be issued until one of the following has occurred:
A.
Payment of all applicable fees due in accordance with this code; or
B.
Execution of a fee deferral agreement in accordance with this article.
(Ord. 5798-B § 1, 2015; Ord. 5896-B § 2, 2017)
At the time of application for deferral to close of escrow, the applicant shall provide security for the payment of those fees to be deferred. Such security shall be subject to the approval of the county and shall consist of one or more of the following:
A.
Assigned passbook or certificate of deposit;
B.
Irrevocable letter of credit;
C.
Surety bond;
D.
Lien against the property; or
E.
Negotiable securities if approved by the board of supervisors.
(Ord. 5798-B § 1, 2015)
For all approved development projects which have been executed, an agreement for a deferral of fees pursuant to this article, no interest shall accrue during the period of deferral. However, in the event the deferred fees are not paid at the time required by the agreement, a one-time penalty equal to the annual rate of interest earned by the county of Placer on the investment of pooled funds computed on the unpaid balance from the date of execution of the deferral agreement to time of payment due, shall be imposed and payable, and interest shall thereafter accrue on the balance of the unpaid deferred fees and penalty at the rate set forth in Code of Civil Procedure Section 685.010.
(Ord. 5798-B § 1, 2015)
Deferred fees shall be paid at the rate or rates applicable at the time of payment.
(Ord. 5798-B § 1, 2015)
All costs of recordation of documents required pursuant to this article shall be paid by the applicant at the time of execution of any fee deferral agreement pursuant to Section 15.70.050(B).
(Ord. 5798-B § 1, 2015)
At the time of application, the applicant shall provide evidence that all property tax obligations of the applicant for all property owned by the applicant in unincorporated Placer County are paid in full at the time of execution of any fee deferral agreement pursuant to Section 15.70.050(B).
(Ord. 5798-B § 1, 2015)
Note: Former § 15.70.120, Expiration, derived from Ord. 5798-B; Ord. 5896-B; Ord. 5971-B; Ord. 6119-B; and Ord. 6222-B, was repealed by Ord. 6346-B, 11/18/2025.
An approved development project including one or more hotels or motels, as defined in Placer County Code Section 17.04.030 (as such section may be amended from time to time), shall be eligible for an extended term payment plan as follows:
A.
If the payment of county impact fees at one time would result in an extreme hardship on an owner of an approved hotel or motel development project, a project owner may make a written request to the county to pay such fees under an extended term payment plan. The request shall explain in detail the necessity for such extended term payment plan.
B.
If the request is approved by the board of supervisors, the owner shall enter into an agreement with the county to pay such charges in monthly installments over a period of not to exceed two years, with interest at the rate of 10% per annum compounded monthly, to be charged on the unpaid balance. The outstanding amount may be repaid, without penalty, at any time during the term of the agreement. The owner shall provide an irrevocable letter of credit from a qualified financial institution, satisfactory in form and content to the county at the county's sole discretion, to secure the owner's payment obligation.
C.
Eligible impact fees shall be those identified in Section 15.70.030 of this code, and any other fee program as designated by action of the board of supervisors.
D.
An agreement between the owner and county shall be entered into prior to issuance of a certificate of occupancy. In the event of a default equal to the sum of three months' payments by owner, the county may report such delinquent payments to credit reporting agencies and a lien will be placed on the subject property.
E.
In the event owner sells all or part of the hotel or motel development project subject to the agreement described in this section, the entire unpaid balance, principal plus interest, shall become immediately due and owing to the county.
(Ord. 5971-B § 2, 2019)