The city council finds and declares that the purpose of this
chapter is as follows:
A. The
general plan of the city requires that new development within the
city be provided, in a time frame related to its development, with
an adequate level of public infrastructure so as to maintain adequate
levels of public services and not adversely impact other areas.
B. Development
within newly approved specific plan areas of the city creates a need
for additional public improvements to serve such specific plans. Such
burdens may vary by the type of land use. Such burdens should be shared
equitably between the areas of a specific plan approved for development.
C. Analysis
of the approved land uses within the Sierra Vista specific plan (“SVSP”
or “specific plan”) makes it possible to estimate the
burden or need for various public improvements generated by different
types of land uses. Analysis of the land use expected at buildout
within the SVSP pursuant to the SVSP and the general plan makes it
possible to estimate the type and amount of public improvements and
dedicated city park land necessary to support that additional land
use. It is therefore possible to construct a fee, imposed on new development
within the SVSP (excluding the portion thereof designated as urban
reserve, for which no land use entitlements have been approved), which
equitably spreads the burden of public improvements and park land
dedication to development within the SVSP which creates the need for
them. It is the intent of this chapter to create such a fee, spreading
costs of public improvements and city park land dedication equitably
to development within the SVSP which creates the need for such required
public improvements and park land dedication, without generating any
surplus to the general fund.
D. The
fee established by this chapter has been calculated in the manner
set forth in the Study, as hereinafter defined, so as to pay for those
required public improvements and city park land dedication listed
and identified in the Study and equitably allocate the costs and burdens
thereof throughout the areas approved for development within the SVSP
(excluding the portion thereof designated as urban reserve).
E. The
fee established by this chapter is in addition to any other fees or
charges required by law as a condition of development.
F. The
fee established by this chapter is to be collected for public improvements,
city park land dedication, and administration of the fee, for which
an account, with separate sub-accounts, has been established.
G. That
the failure to impose the conditions and regulations of this chapter
relating to payment of the fee on building permits (or small-lot final
maps for single-family development, when applicable) would jeopardize
the purpose of this fee to equitably spread the costs and burdens
of providing the required public improvements and city park land dedication
throughout the specific plan, which will promote development of the
specific plan as planned to the benefit of the future residents of
the specific plan.
H. The
requirement of this chapter to pay the fee for new development within
the SVSP is necessary in order to assure compliance with the applicable
zoning ordinance and general plan requirements for the public improvements
and dedicated city park land funded by this chapter.
I. That
for a period of greater than 10 days prior to adoption of this chapter,
data has been available to the public and to developers and their
representatives indicating the cost or estimated cost of all the required
public improvements and dedicated city park land to be funded, the
revenue sources anticipated, and the means of spreading these costs.
J. That
the city council has considered the effect of the fee imposed by this
chapter with respect to the housing needs of the city as a whole and
of the region, particularly as required by the housing element of
the general plan, and the city council finds that this chapter does
not unduly adversely affect the city’s ability to provide for
such needs.
K. That
the establishment of the fee is for the purpose of equitably sharing
the costs and burdens of development throughout the specific plan,
thereby promoting the financing of the capital projects necessary
to provide and maintain the facilities required by the SVSP and the
general plan to serve the portion of the SVSP for which land use has
been granted by the city.
(Ord. 4932 § 1, 2011)
The following words are defined for purposes of this chapter
as follows:
“Administration”
means the administration of this fee by the city and/or its
consultants in accordance with the Study and this chapter.
“Administrator”
means the administrator employed or retained by the City
of Roseville for organizing, monitoring and administering this fee.
“Building permit”
means the permit issued or required by the city for the construction
of any structure pursuant to and as defined by the building code.
“City park land”
means the approximately 40-acre property within the specific
plan to be dedicated to the city for a community park.
“Fee” or “SVSP fee”
means the fee established by this chapter. The fee shall
be collected prior to the approval of any building permit, or, if
any fee reimbursements are then outstanding, prior to the approval
of any small-lot final map for any single-family residential development.
The fee shall be used solely to finance the improvements and the city
park land.
“Fee credit and reimbursement agreement”
means an agreement between an SVSP developer and the city
to provide fee credits and/or fee reimbursements, to be funded solely
by the fee, in exchange for the construction of improvements by the
developer.
“Fee reimbursement”
means a reimbursement to be paid to a developer from the
fee for financing the construction of improvements pursuant to a fee
credit and reimbursement agreement.
“Improvements”
means those public improvements or infrastructure shown and
included in the Study, including ancillary appurtenances.
“Public facilities”
means buildings or other improvements owned or to be owned
by the City of Roseville, Placer County, school district, or other
public entity or utility.
“Small-lot final map”
means a final subdivision map recorded in accordance with
the Subdivision Map Act that creates lots upon which building permits
may be issued for the construction of single-family homes.
“Study”
means the “Sierra Vista Specific Plan Fee Program Nexus
Study” prepared by Economic and Planning Systems, Inc., and
dated March 2011, as may be updated from time to time by the city
to support adjustments to the fee. The Study and any fee update(s)
are and shall be maintained on file in the office of the city clerk.
“SVSP mitigation fund”
means that special interest-bearing fund, including the sub-accounts thereof dedicated to fund the costs of administration, city park land, and improvement, established pursuant to Section
4.47.030.
(Ord. 4932 § 1, 2011)
The finance director is directed to establish a special interest-bearing
fund entitled the SVSP mitigation fund and to establish three separate
sub-accounts thereof to fund the costs of administration, improvements
and city park land. All fees collected pursuant to this chapter shall
be deposited in the appropriate sub-accounts of the SVSP mitigation
fund and expended solely to finance administration, improvements and
city park land, as applicable.
(Ord. 4932 § 1, 2011)
Except as otherwise provided by this chapter, the fee imposed
pursuant to this chapter shall be paid at or prior to the issuance
of any building permit within the SVSP. If a fee reimbursement is
then outstanding pursuant to a fee credit and reimbursement agreement
when an owner seeks to record a small-lot final map for single-family
development, the improvements fee portion of the fee imposed pursuant
to this chapter shall be paid at or prior to the recordation of such
small-lot final map, in accordance with the Study, and the administration
and city park land portion of the fee will continue to be paid at
or prior to the issuance of any building permit.
Calculation of the fee shall be determined in accordance with
the Study and this chapter depending upon where within the SVSP such
development occurs, the type of development, and the extent of development.
Descriptions of land use categories in this chapter, except as otherwise
noted in the Study or the SVSP, are utilized in the same manner as
in the general plan. Portions of the specific plan planned for public
facilities and for church use are exempt from the fee.
(Ord. 4932 § 1, 2011; Ord. 5997 § 1, 2018)
The boundaries of the Sierra Vista plan area, excluding the
portion thereof designated as urban reserve, and the owner subareas
thereof responsible for payment of the fee, are established as shown
on that certain map entitled “Sierra Vista Specific Plan Owner
Subarea Map,” which is on file in the office of the city clerk
and the administrator and is incorporated herein by reference.
(Ord. 4932 § 1, 2011)
Consistent with the designations in the specific plan for the
different types of residential uses within the specific plan, the
abbreviations applied to the residential uses in the fee tables below
mean the following: LDR: 0.5 to 6.9 units/acre; MDR: 7.0 to 12.9 units/acre;
HDR: 13.0 or more units/acre; and MU: residential units within mixed
use developments.
(Ord. 4932 § 1, 2011)
The fee in that portion of the SVSP which is in the CG Barbaccia
Trust owner subarea shall be:
|
|
Residential
|
Nonresidential
|
---|
Fee
|
Source
|
LDR
|
MDR
|
HDR
|
MU
|
CC
|
BP
|
MU
|
---|
[1]
|
[1]
|
[1]
|
[1]
|
---|
per unit
|
per unit
|
per unit
|
per unit
|
per sq. ft.
|
per sq. ft.
|
per sq. ft.
|
---|
City Park Land Fee
|
Table 8
|
$2,329
|
$1,990
|
$1,650
|
$1,650
|
$0.00
|
$0.00
|
$0.00
|
Infrastructure Fee
|
|
|
|
|
|
|
|
|
Gross Fee
|
|
|
|
|
|
|
|
|
Open Space Allocation
|
Table 1
|
$17,301
|
$15,920
|
$9,946
|
$10,321
|
$19.39
|
$20.52
|
$19.39
|
Public Land Allocation
|
Table E-1
|
$1,403
|
$1,198
|
$994
|
$0.00
|
$0.00
|
$0.00
|
$0.00
|
Net Infrastructure Fee
|
Table D-1
|
$1,354
|
$1,354
|
$840
|
$0.00
|
$0.00
|
$0.00
|
$0.00
|
|
|
$20,058
|
$18,472
|
$11,780
|
$10,321
|
$19.39
|
$20.52
|
$19.39
|
Administration Fee (2% of Gross Fee)
|
$346
|
$318
|
$199
|
$206
|
$0.39
|
$0.41
|
$0.39
|
Total SVSP Fee
|
|
$22,733
|
$20,780
|
$13,629
|
$12,177
|
$19.78
|
$20.93
|
$19.78
|
“fee_CGB”
|
[1] Net infrastructure fee equals gross fee amount because this
ownership entity does not currently have any of this type of land
use within its area. Amounts would be adjusted if necessary because
of land use changes.
|
(Ord. 4932 § 1, 2011; Ord. 5997 § 2, 2018)
The fee in that portion of the SVSP which is in the MILLC (Mourier
Investments) owner subarea shall be:
|
|
Residential
|
Nonresidential
|
---|
Fee
|
Source
|
LDR
|
MDR
|
HDR
|
MU
|
CC
|
BP
|
MU
|
---|
per unit
|
per unit
|
per unit
|
per unit
|
per sq. ft.
|
per sq. ft.
|
per sq. ft.
|
---|
City Park Land Fee
|
Table 8
|
$2,329
|
$1,990
|
$1,650
|
$1,650
|
$0.00
|
$0.00
|
$0.00
|
Infrastructure Fee
|
|
|
|
|
|
|
|
|
Gross Fee
|
|
|
|
|
|
|
|
|
Open Space Allocation
|
Table 1
|
$17,301
|
$15,920
|
$9,946
|
$10,321
|
$19.39
|
$20.52
|
$19.39
|
Public Land Allocation
|
Table E-2
|
($775)
|
($662)
|
($549)
|
($549)
|
($0.52)
|
($0.52)
|
($0.52)
|
Net Infrastructure Fee
|
Table D-2
|
($313)
|
($313)
|
($194)
|
($194)
|
($0.44)
|
($0.48)
|
($0.44)
|
|
|
$16,213
|
$14,945
|
$9,203
|
$9,578
|
$18.43
|
$19.52
|
$18.43
|
Administration Fee (2% of Gross Fee)
|
$346
|
$318
|
$199
|
$206
|
$0.39
|
$0.41
|
$0.39
|
Total SVSP Fee
|
|
$18,888
|
$17,253
|
$11,052
|
$11,434
|
$18.82
|
$19.93
|
$18.82
|
(Ord. 4932 § 1, 2011; Ord. 5997 § 3, 2018)
The fee in that portion of the SVSP which is in the DF Properties
owner subarea shall be:
|
|
Residential
|
Nonresidential
|
---|
Fee
|
Source
|
LDR
|
MDR
|
HDR
|
MU
|
CC
|
BP
|
MU
|
---|
[1]
|
[1]
|
[1]
|
[1]
|
---|
per unit
|
per unit
|
per unit
|
per unit
|
per sq. ft.
|
per sq. ft.
|
per sq. ft.
|
---|
City Park Land Fee
|
Table 8
|
$2,329
|
$1,990
|
$1,650
|
$1,650
|
$0.00
|
$0.00
|
$0.00
|
Infrastructure Fee
|
|
|
|
|
|
|
|
|
Gross Fee
|
|
|
|
|
|
|
|
|
Open Space Allocation
|
Table 1
|
$17,301
|
$15,920
|
$9,946
|
$10,321
|
$19.39
|
$20.52
|
$19.39
|
Public Land Allocation
|
Table E-3
|
$396
|
$338
|
$0.00
|
$0.00
|
$0.26
|
$0.00
|
$0.00
|
Net Infrastructure Fee
|
Table D-3
|
$2,162
|
$2,162
|
$0.00
|
$0.00
|
$3.07
|
$0.00
|
$0.00
|
|
|
$19,859
|
$18,420
|
$9,946
|
$10,321
|
$22.72
|
$20.52
|
$19.39
|
Administration Fee (2% of Gross Fee)
|
|
$346
|
$318
|
$199
|
$206
|
$0.39
|
$0.41
|
$0.39
|
Total SVSP Fee
|
|
$22,534
|
$20,728
|
$11,795
|
$12,177
|
$23.11
|
$20.93
|
$19.78
|
“fee_DF”
|
[1] Net infrastructure fee equals gross fee amount because this
ownership entity does not currently have any of this type of land
use within its area. Amounts would be adjusted if necessary because
of land use changes.
|
(Ord. 4932 § 1, 2011; Ord. 5997 § 4, 2018)
The fee in that portion of the SVSP which is in the Westpark
Federico/MILLC owner subarea shall be:
|
|
Residential
|
Nonresidential
|
---|
Fee
|
Source
|
LDR
|
MDR
|
HDR
|
MU
|
CC
|
BP
|
MU
|
---|
[1]
|
---|
per unit
|
per unit
|
per unit
|
per unit
|
per sq. ft.
|
per sq. ft.
|
per sq. ft.
|
---|
City Park Land Fee
|
Table 8
|
$2,329
|
$1,990
|
$1,650
|
$1,650
|
$0.00
|
$0.00
|
$0.00
|
Infrastructure Fee
|
|
|
|
|
|
|
|
|
Gross Fee
|
|
|
|
|
|
|
|
|
Open Space Allocation
|
Table 1
|
$17,301
|
$15,920
|
$9,946
|
$10,321
|
$19.39
|
$20.52
|
$19.39
|
Public Land Allocation
|
Table E-4
|
($1,541)
|
($1,316)
|
($1,092)
|
($1,092)
|
($1.02)
|
$0.00
|
($1.02)
|
Net Infrastructure Fee
|
Table D-4
|
($1,827)
|
($1,827)
|
($1,132)
|
($1,132)
|
($2.59)
|
$0.00
|
($2.59)
|
|
|
$13,933
|
$12,777
|
$7,722
|
$8,097
|
$15.78
|
$20.52
|
$15.78
|
Administration Fee (2% of Gross Fee)
|
$346
|
$318
|
$199
|
$206
|
$0.39
|
$0.41
|
$0.39
|
Total SVSP Fee
|
|
$16,608
|
$15,085
|
$9,571
|
$9,953
|
$16.17
|
$20.93
|
$16.17
|
“fee_FED”
|
[1] Net infrastructure fee equals gross fee amount because this
ownership entity does not currently have any of this type of land
use within its area. Amounts would be adjusted if necessary because
of land use changes.
|
(Ord. 4932 § 1, 2011; Ord. 5997 § 5, 2018)
The fee in that portion of the SVSP which is in the Baseline
P&R LLC owner subarea shall be:
|
|
Residential
|
Nonresidential
|
---|
Fee
|
Source
|
LDR
|
MDR
|
HDR
|
MU
|
CC
|
BP
|
MU
|
---|
per unit
|
per unit
|
per unit
|
per unit
|
per sq. ft.
|
per sq. ft.
|
per sq. ft.
|
---|
City Park Land Fee
|
Table 8
|
$2,329
|
$1,990
|
$1,650
|
$1,650
|
$0.00
|
$0.00
|
$0.00
|
Infrastructure Fee
|
|
|
|
|
|
|
|
|
Gross Fee
|
|
|
|
|
|
|
|
|
Open Space Allocation
|
Table 1
|
$17,301
|
$15,920
|
$9,946
|
$10,321
|
$19.39
|
$20.52
|
$19.39
|
Public Land Allocation
|
Table E-5
|
$1,997
|
$1,706
|
$1,415
|
$1,415
|
$1.33
|
$1.33
|
$1.33
|
Net Infrastructure Fee
|
Table D-5
|
$391
|
$391
|
$243
|
$243
|
$0.56
|
$0.60
|
$0.56
|
|
|
$19,689
|
$18,017
|
$11,604
|
$11,979
|
$21.28
|
$22.45
|
$21.28
|
Administration Fee (2% of Gross Fee)
|
$346
|
$318
|
$199
|
$206
|
$0.39
|
$0.41
|
$0.39
|
Total SVSP Fee
|
|
$22,364
|
$20,325
|
$13,453
|
$13,835
|
$21.67
|
$22.86
|
$21.67
|
(Ord. 4932 § 1, 2011; Ord. 5997 § 9, 2018)
The fee in that portion of the SVSP which is in the Baybrook
LP owner subarea shall be:
|
|
Residential
|
Nonresidential
|
---|
Fee
|
Source
|
LDR
|
MDR
|
HDR
|
MU
|
CC
|
BP
|
MU
|
---|
|
[1]
|
[1]
|
|
[1]
|
[1]
|
|
---|
per unit
|
per unit
|
per unit
|
per unit
|
per sq. ft.
|
per sq. ft.
|
per sq. ft.
|
---|
City Park Land Fee
|
Table 8
|
$2,329
|
$1,990
|
$1,650
|
$1,650
|
$0.00
|
$0.00
|
$0.00
|
Infrastructure Fee
|
|
|
|
|
|
|
|
|
Gross Fee
|
|
|
|
|
|
|
|
|
Open Space Allocation
|
Table 1
|
$17,301
|
$15,920
|
$9,946
|
$10,321
|
$19.39
|
$20.52
|
$19.39
|
Public Land Allocation
|
Table E-6
|
($7,596)
|
$0.00
|
$0.00
|
($5,383)
|
$0.00
|
$0.00
|
($5.05)
|
Net Infrastructure Fee
|
Table D-6
|
($4,246)
|
$0.00
|
$0.00
|
($2,633)
|
$0.00
|
$0.00
|
($6.03)
|
|
|
$5,459
|
$15,920
|
$9,946
|
$2,305
|
$19.39
|
$20.52
|
$8.31
|
Administration Fee (2% of Gross Fee)
|
$346
|
$318
|
$199
|
$206
|
$0.39
|
$0.41
|
$0.39
|
Total SVSP Fee
|
|
$8,134
|
$18,228
|
$11,795
|
$4,161
|
$19.78
|
$20.93
|
$8.70
|
“fee_BAY”
|
[1] Net infrastructure fee equals gross fee amount because this
ownership entity does not currently have any of this type of land
use within its area. Amounts would be adjusted if necessary because
of land use changes.
|
(Ord. 4932 § 1, 2011; Ord. 5997 § 10, 2018)
No fee pursuant to this chapter shall be charged for already existing development or for projects which rebuild or remodel without increasing the number of residential units and/or square footage of nonresidential development, except as provided in this section. Where any development or project expands or remodels, it shall be charged the appropriate fee as provided by Sections
4.47.070 through
4.47.150; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled.
(Ord. 4932 § 1, 2011)
A. In their
development agreements with the city for the development of the SVSP,
the owners requested that the city adopt and administer this fee to
be applied to all projects within the SVSP. When this fee is adopted,
and as and when the fee is updated, any owner within the SVSP may
apply to the administrator for a reduction or adjustment to the fee
as applied to its owner subarea based on the absence of any reasonable
relationship or nexus between the impacts of the owner’s project
and the amount of the fee or based on any alleged errors in the calculation
of the fee consistent with the Study. The application shall be made
in writing and filed with the administrator not later than 20 calendar
days after adoption of the fee or any update or annual adjustment
of the fee by the city. The application shall state in detail the
factual basis for the claim of reduction or adjustment and the amount
of the proposed reduction or adjustment. The administrator shall consider
the application and render his or her 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 administrator may, within
20 calendar days thereafter, appeal the decision in writing to the
city council by filing an appeal with the city clerk. The city council
shall consider such appeals within 45 calendar days after filing.
The decision of the city council 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, a project proponent or applicant with an application timely pending pursuant to subsection
A may pay the fee “under protest” and receive a building permit or approval to record a small-lot final map. If a reduction or adjustment is approved after payment pursuant to this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.
C. The
project proponent or applicant applying for a reduction or adjustment
shall have the burden of proof, by a preponderance of the evidence,
that a reasonable relationship or nexus is lacking between the fee
and the project, or that the calculation of the fee is incorrect and
inconsistent with the Study and this chapter.
D. In the
event of any reduction or adjustment in the fee granted pursuant to
this section, any later change in the use, zoning, or land use designation
for the property involved shall subject the then owner to payment
of the then applicable fee for new uses, zoning, or land use designation,
whether or not a building permit is required.
(Ord. 4932 § 1, 2011)
The fee established by this chapter shall be adjusted annually
on July 1st in accordance with the provisions of the Study. Such adjustments
may include percentage changes based on general changes in construction
costs over the prior year and/or based on actual cost experiences
and/or revised cost estimates for the improvements, as determined
by the administrator. The administrator’s determination of general
changes in annual construction costs may be based upon averaging the
Construction Cost Index (CCI) for 20 cities and for San Francisco,
as published in the Engineering News Record publication for the preceding
12 months ending in May. Adjustments to the portion of the fee for
the city park land (and for adjustments based on dedications of land
for the improvements) shall be based on re-appraisals and/or updated
appraisals of land values. The resultant fee shall be rounded to the
nearest dollar figure.
(Ord. 4932 § 1, 2011)
When monies in the SVSP mitigation fund are disbursed for use,
the fees shall be used to finance the acquisition of the city park
land, the construction of the improvements and the administration
of the fee program. To the extent sufficient fees are available, all
improvements financed by the fees shall be constructed or acquired
in accordance with the priorities established in the Study and any
fee credit and reimbursement agreements.
(Ord. 4932 § 1, 2011)
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect the other provisions of this chapter which can be given
effect without the invalid provision or its application, and to this
end the provisions of this chapter are severable.
(Ord. 4932 § 1, 2011)