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
“fee_MI”
(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
“fee_BASE”
(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)