For the purpose of defraying the expense involved in connection with an application or petition, the city council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for amendments to this title. The schedule may be amended by subsequent resolution. The schedule of fees, charges and expenses shall be posted in the office of the city clerk.

(Ord. 357B §7.03.000, 1979)

No action shall be taken on any application or petition until all applicable fees, charges and expenses have been paid in full. No fee will be required or charged to persons whose property is included in resolutions of intention adopted by the planning commission or the city council initiating proceedings to amend this title.

(Ord. 357B §7.03.010, 1979)

(a)

Fees are not refundable except when all of the following conditions exist:

(1)

Expenditures have not been made by the city with regard to the application or petition;

(2)

Investigation has not been made as a result of the application or petition;

(3)

The application or petition has not been set for public hearing;

(4)

The application or petition has been withdrawn.

(b)

The determination of the planning commission shall be final in all questions relating to refunds.

(Ord. 357B §7.03.020, 1979)

The city council shall establish by resolution, a schedule of fees establishing the rates for the provision of local services. Fees listed in the master fee schedule are based upon the actual costs to provide the service.

Such fees shall be contained in a master fee schedule. The city council shall review the master fee schedule annually, at the beginning of each fiscal year, for possible revisions and amendments.

(Ord. No. 868B, §§ 1, 2, 7-24-2012; Ord. 710B §14, 2001; Ord. 689B, §1, 2000; Ord. 688B §1, 2000; Ord. 683B §1, 2000; Ord. 659B §1, 1998; Ord. 638B §1, 1996; Ord. 594B §1, Exh. A, 1993: Ord. 588B §1, Exh. A, 1993: Ord. 583B §1, Exh. A, 1992)

A.

Scope. The duty to exhaust administrative remedies imposed by this section extends to:

(1)

Any fee or charge subject to Articles XIII C or XIII D of the California Constitution,

(2)

Any assessment on real property levied by the city, and

(3)

The methodology used to develop and levy such a fee, charge, or assessment.

B.

"Hearing" as used in this section means the hearing referenced in paragraph 4 of subsection D of this section.

C.

Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the city, unless that person submitted to the city clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

D.

Procedures. The city shall:

(1)

Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.

(2)

Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer's report, and include a link to the internet website in the written notice of the hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.

(3)

Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.

(4)

Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the city clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a hearing on the rate, charge or assessment.

(5)

Include in a written notice of the hearing, a statement in bold-faced type of 12 points or larger that:

(A)

All written objections must be submitted to the city clerk by the end of public comment period at the hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

(B)

All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, Article XIII D, Section 6(a) or for an assessment on real property under California Constitution, Article XIII D, Section 4(e).

E.

Council Consideration; City Responses. Before or during the hearing, the city council shall consider and the city shall respond in writing to, any timely written objections. The city council may adjourn the hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the hearing occurs. The city's responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

F.

City Council Determinations. The city council, in exercising its legislative discretion, shall determine whether:

(1)

The written objections and the city's response warrant clarifications to the proposed fee, charge, or assessment.

(2)

To reduce the proposed fee, charge or assessment.

(3)

To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.

(4)

To proceed with the hearing, to continue it, or to abandon the proposal.

(Ord. No. 1087B, § 2, 2-25-2025)

The city council finds and determines that new residential, commercial and industrial development places an additional burden on the city's existing traffic circulation and street system and creates a need for new streets, traffic and transit improvements and facilities to serve the needs of new development. The city council further finds and determines that a traffic impact mitigation fee is necessary to mitigate the adverse impact of new development on traffic within the city and to assure that new development is consistent with the city's general plan and the traffic circulation element of this plan. Adequate streets, traffic and transit improvements and facilities contribute to and improve the quality of life within the city and are essential to the public health, safety and welfare.

(Ord. 447B §1(part), 1983)

The purpose of this chapter is to provide and maintain street, traffic and transit improvements and facilities to benefit new development and to provide a means of financing these improvements and facilities.

(Ord. 447B §1(part), 1983)

Zoning changes, conditional use permits and tentative maps whose approval will generate traffic shall be conditioned on the payment of a traffic impact mitigation fee in an amount established by resolution of the city council and in the manner set forth in this chapter. The amount of the traffic impact mitigation fee shall bear a reasonable relationship to the use of city streets, traffic and transit improvements and facilities by the future inhabitants and/or users of new development for which the zoning change, conditional use permit, or tentative map is granted.

(Ord. 447B §1(part), 1983)

Fees collected pursuant to this chapter shall be deposited in a separate fund to be known as the traffic impact mitigation fund, and shall be used only for the improvement, construction, reconstruction and maintenance of new and existing street, traffic and transit improvements and facilities. Such improvements and facilities may include, but are not limited to, acquisition of traffic signals, street overlays, reconstruction, new street construction and other related traffic and transit system improvements.

(Ord. 447B §1(part), 1983)

Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of a building permit(s) for the use authorized by the zoning change, the conditional use permit or tentative map, whichever occurs last. If such fees are not committed within this five-year period, the fees shall be returned to the applicant.

(Ord. 447B §1(part), 1983)

The city council shall adopt by resolution a schedule specifying the projected use of funds collected under this chapter. The council may amend this schedule from time to time.

(Ord. 447B §1(part), 1983)

Traffic impact mitigation fees imposed pursuant to this chapter shall be collected at the time of issuance of building permits.

(Ord. 447B §1(part), 1983)

The traffic impact mitigation fee for non-residential land uses shall be determined by applying the city's transportation public facility fee per EDU to the most recent tables adopted by the South Placer Regional Transportation Authority (SPRTA) for the City of Lincoln, using the unit of measure and the DUE per unit for the applicable category as determined by the city.

(Ord. No. 863B, § 2, 3-13-2012)

Editor's note— Ord. No. 863B, § 2, adopted March 13, 2012, amended § 18.91.080 in its entirety to read as set out herein. Former § 18.91.080 pertained to computation and derived from Ord. 447B § 1(part), adopted in 1983.

(a)

Prior to the approval of a zoning change, conditional use permit or tentative map, the decision-making body (the city council or the planning commission as the case may be) shall review the report and recommendation submitted by the city engineer and may approve, modify and approve or disapprove the report and recommendation.

(b)

Prior to approval of an application for a zoning change, conditional use permit or tentative map, the decision-making body shall determine whether such approval will generate an increase in traffic.

(1)

If the decision-making body finds that such approval will not generate an increase in traffic, the council shall not condition the zoning change, conditional use permit or tentative map on payment of a traffic impact mitigation fee.

(2)

If the decision-making body finds that such approval may generate an increase in traffic, the decision-making body shall determine the average daily traffic generated by the proposed zoning change, conditional use permit or tentative map and the fee to be paid and shall condition its approval of the zoning change, conditional use permit or tentative map on payment of such traffic impact mitigation fee.

(Ord. 447B §1(part), 1983)

Nothing in this chapter shall be read to limit the right of the city council or the planning commission to disapprove any application for a zoning change, conditional use permit or tentative map for any lawful reason, including but limited to the impact that such zoning change, conditional use permit or tentative map may have on streets, traffic or transit within the city which cannot be alleviated by this chapter.

(Ord. 447B §1(part), 1983)

The city council may, from time to time, advance money from the city's fund balances to the traffic impact mitigation fund to provide sufficient funds to finance street traffic or transit improvements and facilities. Any moneys advanced to the traffic impact mitigation fund from the city's fund balances may, in the council's discretion, be reimbursed to the city's fund balances from fees paid into the traffic impact mitigation fund.

(Ord. 447B §1(part), 1983)

This title may be amended by changing the boundaries of districts as shown on the official zoning maps or by changing the text whenever the public necessity, convenience or general welfare requires such amendment.

(1)

Except as provided in subsection B of this section, an amendment of this title may be initiated and adopted as other ordinances are initiated and adopted.

(2)

An amendment of this title which changes any property from one district to another or imposes any regulation listed in section 65850 of the Government Code, state of California, not theretofore imposed, or removes or modifies any such regulation theretofore imposed, shall be adopted in the manner described in this chapter.

(Ord. 357B §7.02.000, 1979)

An amendment may be initiated by:

(1)

The petition of one or more owners of property affected by the proposed amendment as provided by this chapter;

(2)

Resolution of intention adopted by the city council, or resolution of intention adopted by the planning commission.

(Ord. 357B §7.02.010, 1979)

The planning commission shall prescribe the form of petitions filed to change property from one district to another. The petition shall be filed with the planning director and shall be accompanied by the following:

(1)

A map, drawn to scale, showing the property for which the reclassification is requested and the exterior property lines of the property within 400 feet of the exterior boundary lines of the subject property;

(2)

The names and mailing addresses of the property owners for the property shown on the map as listed on the last equalized assessment roll of the county;

(3)

The legal description and street address of the subject property;

(4)

A fee as specified in Chapter 18.90;

(5)

The existing land use for the property shown on the map and the proposed use of the land for which the reclassification is requested;

(6)

The planning commission may require additional information such as proposed development plans, proposed street plans, or information of a similar nature.

(Ord. 357B §7.02.020, 1979)

The planning commission shall hold a public hearing on any proposed amendment. A notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be published in a newspaper of general circulation at least ten calendar days before the hearing. In addition to notice by publication, the planning commission shall give notice of the hearing as provided by Government Code section 65854.

(Ord. 357B §7.02.030, 1979)

The planning commission may abandon any proceeding which the commission has initiated.

(Ord. 357B §7.02.040, 1979)

After the commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the city council. The commission shall include within its report a determination as to whether the proposed reclassification is consistent with the general plan of the city.

(Ord. 357B §7.02.050, 1979)

Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to this title to change property from one district to another, and the planning commission has recommended against the adoption of the amendment, the city council shall not take any further action thereon unless an interested party requests a public hearing by filing a written request with the city clerk within ten calendar days after the public hearing at which the planning commission made its recommendation or within five days after the planning commission files its recommendation, whichever date is last to occur.

(Ord. 357B §7.02.060, 1979)

The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification by the city council of the proposed ordinance or amendment as recommended by the planning commission shall first be referred to the planning commission for a report and recommendation on the proposed modification if the planning commission did not consider the proposed modification in its deliberations. The planning commission is not required to hold a public hearing on the referral by the city council. Failure of the planning commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed to be the approval of the proposed modification. The city council shall not approve the proposed modification unless it determines that the proposed modification is consistent with the general plan.

(Ord. 357B §7.02.070, 1979)

The planning commission or the city council may, prior to action on a petition, permit the withdrawal of any petition or part thereof filed pursuant to this chapter.

(Ord. 357B §7.02.080, 1979)

If a rezoning application is denied, another petition to rezone substantially the same property shall not be accepted within a one-year period unless specific approval for such filing is given by the planning commission or the city council.

(Ord. 357B §7.02.090, 1979)

Any person dissatisfied by an act or determination of an official of the city relating to the enforcement or interpretation of this title may appeal such act or determination to the city planning commission as provided in this chapter.

(Ord. 357B §7.04.000, 1979)

Appeals of determinations or actions of officials of the city, as provided in Section 18.94.010, may be taken by filing written notice thereof with the planning commission not later than ten calendar days after the day on which the act or determination appealed from was made. The ten-day period for filing the notice of appeal is jurisdictional and shall not be waived.

(Ord. 357B §7.04.010, 1979)

The filing of a notice of appeal shall have the effect of staying the issuance of any permit or variance until such time as the matter is disposed of on appeal.

(Ord. 357B §7.04.020, 1979)

The planning commission may review the entire proceedings relating to the act or decision being appealed and in the process of such review may rehear the matter de novo and make any order it deems just and equitable, including the granting of any variance or conditional use permit. Any hearing may be continued from time to time.

(Ord. 357B §7.04.030, 1979)

Any person who is not satisfied with an action of the planning commission may, within ten days, appeal in writing to the city council. The city council shall hear the matter de novo and may make any order it deems just and equitable, including the granting of any variance or conditional use permit. Any hearing before the city council may be continued from time to time. An appeal, once decided by the city council, shall not be reconsidered.

(Ord. 357B §7.04.040, 1979)

Appeals before the planning commission and city council are public hearings and notice thereof shall be placed in the newspaper ten calendar days prior to the public hearing.

(Ord. 357B §7.04.050, 1979)

The planning commission shall adopt by resolution rules of operating procedure to govern its activities. Copies of the rules shall be made available to the public at a cost to be determined by the planning commission, and filed in the office of the city clerk.

(Ord. 357B §7.05.000, 1979)

This title shall be administered and enforced by the building inspector of the city. If the building inspector shall find that any provision of this title is being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.

(Ord. 357B §7.01.000, 1979)

The building inspector or his authorized representative may, upon presentation of credentials to the occupant or owner, enter any premises, building or structure at any reasonable time for the purpose of investigating and inspecting the premises, building or structure to determine if the same are being used in compliance with the provisions of this title. If admission or entry is refused, the building inspector shall apply to the city attorney to obtain an inspection warrant.

(Ord. 357B §7.01.010, 1979)

Officers and employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title. Any permit or license which would authorize the permittee or licensee to erect, alter or enlarge any building or structure or to use property in any manner in conflict with the provisions of this title intentionally or otherwise shall be null and void.

(Ord. 357B §7.01.020, 1979)

(a)

Except for violations referred to in Chapter 18.78, a violation of the provisions of this title or failure to comply with any of its requirements, including violations of conditions in safeguards established in connection with grants of variances, conditional use permits, site plans or planned unit developments, constitutes an infraction.

(b)

The owner or tenant of any building, structure, premises or parts thereof, or any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in this chapter.

(Ord. 562B §1, 1991: Ord. 357B §7.01.030, 1979)

Any building, structure, mobile home or recreational vehicle set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of land, buildings or premises conducted, operated or maintained contrary to the provisions of this title or contrary to a permit or variance or the terms or conditions imposed therein is unlawful and a public nuisance, and the building inspector shall cause to be commenced action or proceedings for the abatement and removal and enjoinment thereof in a manner provided by law.

(Ord. 357B §7.01.040, 1979)

In order to implement the goals and objectives of the Lincoln public facilities plan and to mitigate the anticipated growth caused by new development in the Lincoln area, certain public facilities such as roads and community facilities must be constructed. The city council has determined that a public facilities fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following sections, the city council finds the fee to be consistent with its general plan and, pursuant to Government Code section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. 517B §1(part), 1989)

A public facilities fee is established on issuance of all building permits for new development to pay for community facilities and roads. The city council shall in council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the fee resolution, this development fee shall be paid by each developer prior to issuance of a certificate of occupancy for the commercial or industrial project or the respective dwelling units in a residential project. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

(Ord. 517B §1(part), 1989)

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

(1)

Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 18.99.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources, or

(2)

Reimburse developers who have entered into reimbursement agreements pursuant to Section 18.99.040.

(Ord. 517B §1(part), 1989)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in the resolution adopted pursuant to Section 18.99.020, which facility is determined by the city to have the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the cost for that portion of the improvement needed to mitigate the burdens created by the development.

(Ord. 517B §1(part), 1989)

A developer of any project subject to the fee described in Section 18.99.020 may apply to the city council for a reduction, adjustment, or a waiver of that fee, based upon the 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. The application shall be made in writing and filed with the city clerk not later than (1) 60 days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The city council shall approve the application in whole or in part only upon finding that due to specific and specified factors particular to the proposed development, the charge of the fee or the type of facility is not applicable to or of benefit to the development. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee.

(Ord. 517B §1(part), 1989)