This chapter shall be known as the "Establishment of Development Fees to Finance the Cost of Public Facilities Within the Antelope Public Facilities Financing Plan Area" ordinance.
A. 
The Sacramento County General Plan requires that areas chosen for urban expansion shall be capable of being provided within a reasonable period of time with an adequate level of facilities and services, including:
1. 
School facilities;
2. 
Fire protection facilities;
3. 
Drainage facilities;
4. 
Roadway facilities;
5. 
Transit facilities; and
6. 
Parks and recreation facilities.
B. 
The General Plan further requires the preparation of a plan that identifies a mechanism for financing those facilities and services necessary to serve urban development in areas designated for urban expansion. The general plan also contains additional policies for providing adequate drainage facilities, supporting funding of adequate fire protection facilities, supporting funding of additional park land acquisition and development, and use of developer dedications and other means to pay for transportation facilities adequate to provide an acceptable level of service.
C. 
The purpose of this chapter is to implement the General Plan requirements set forth in subsections A and B of this section and to use the authority in Article XI, Section 7 of the California Constitution by imposing development fees to fund the estimated cost of certain facilities and services the need for which is directly or indirectly generated by the type and level of development proposed in the Antelope Public Facilities Financing Plan (hereinafter in some instances referred to as "Antelope PFFP") area.
D. 
It is also the purpose of this chapter to require that adequate provision is made for developer financed facilities within the Antelope PFFP area as a condition to any rezoning and prior to approval of certain permits within said area.
E. 
It is the further purpose of this chapter to implement the public facilities financing policies of the East Antelope Specific Plan including its Report on Public Facilities and Financing Alternatives.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 2, 2001; SCC 1616 § 1, 2017)
A. 
"Accessory dwelling unit" means an attached or a detached residential dwelling unit occupying the same parcel as the primary dwelling unit, which provides complete independent living facilities for one or more persons as further defined and subject to the requirements of the Sacramento County Zoning Code and applicable State Law. This includes efficiency units and junior accessory dwelling units.
B. 
"Acreage" means the gross acreage of any property within the Antelope PFFP area minus the acreage of the right-of-way of those 84 foot wide arterials or 110 foot wide thoroughfares designated in the Circulation Element Transportation Diagram of the Sacramento County General plan which are located on such property and minus the acreage of major drainage channels which cannot be developed.
C. 
"Administrator" means the Deputy County Executive of the Sacramento County Public Works and Infrastructure Agency.
D. 
"Agency" means the Sacramento County Public Works and Infrastructure Agency.
E. 
"Antelope Basin "A" Drainage Mitigation Fund" means that special interest-bearing trust fund established pursuant to Section 16.80.030.
F. 
"Antelope Fire Fund" means that special interest-bearing trust fund established pursuant to Section 16.80.040.
G. 
"Antelope Major Roadway Fund" means that special interest-bearing trust fund established pursuant to Section 16.80.060.
H. 
"Antelope Parks and Recreation Fund" means that special interest-bearing trust fund established pursuant to Section 16.80.050.
I. 
"Antelope Public Facilities Financing Plan" means the plan, including any amendments thereto, adopted by resolution by the Board for the financing of designated facilities to serve the Antelope PFFP area, including, but not limited to, a designation of those facilities to be constructed with the development fees collected pursuant to this chapter, the schedule for commencement of construction, the estimated cost of constructing the facilities, and the total number of dwelling unit equivalents within the Antelope PFFP area.
J. 
"Antelope Public Facilities Financing Plan Area" means all property located within the geographic area depicted in Figure 1. A detailed map of the property depicted on Figure 1 is on file with the Special Districts Section of the County Engineering Division of the Agency and is by this reference incorporated herein.
K. 
"Antelope Water Fund" means that special interest-bearing trust fund established pursuant to Section 16.80.065.
L. 
"Board" means the Board of Supervisors of the County of Sacramento.
M. 
"Building Permit" means the permit issued or required for the construction or improvement of additional square footage for any structure pursuant to and as defined by the Sacramento County Building Code.
N. 
"Costs" means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of a facility including, without limitation, the cost of land, construction, engineering, administration, and consulting fees.
O. 
"County" means the County of Sacramento.
P. 
"CSCDA" means the California Statewide Communities Development Authority.
Q. 
"Development Fee" means the fee required by this chapter to be a condition on changes of land use zones and to be collected upon approval of building permits within the Antelope PFFP area.
R. 
"Dwelling Unit Equivalent Factor" means the financial responsibility for public facilities allocated per acre to a specified land use zone in the Sacramento County Zoning Code compared to the financial responsibility for the same public facilities of one acre of land zoned for one single-family detached residential dwelling unit per acre.
S. 
"East Antelope Local Roadway Fund" means that special interest-bearing trust fund established pursuant to Section 16.80.062.
T. 
"East Antelope Northern Subarea Drainage Fund" means that special interest-bearing trust fund established pursuant to Section 16.80.032.
U. 
"Estimated Cost" means the cost of constructing a facility as set forth in the Antelope Public Facilities Financing Plan in effect at the time that includes any adjustments made pursuant to Section 16.80.165.
V. 
"Facilities" means those public facilities designated in the Antelope Public Facilities Financing Plan.
W. 
"Improvement Plan" means the site plan of property proposed for development showing all required improvements that must be approved by the Agency pursuant to Chapter 12.03 of the Sacramento County Code prior to the issuance of a building permit for the property.
X. 
"Planning Director" means the Director of the County Office of Planning and Environmental Review.
Y. 
"Program Fee Per Dwelling Unit Equivalent" means the development fee rate per dwelling unit equivalent for a particular category of facilities. For the park and recreation, fire protection, water mitigation, Basin "A" drainage mitigation, East Antelope Northern Subarea drainage, and East Antelope local roadway development fees, the Program Fee Per Dwelling Unit Equivalent is calculated by dividing the total program costs for the particular category of facilities by the total number of dwelling unit equivalents identified in the Antelope Public Facilities Financing Plan for the particular category. For the major roadway development fee, the Program Fee Per Dwelling Unit Equivalent is calculated on the basis of a comprehensive, year by year capital improvement program which phases construction of roadway projects with expected development, evaluates remaining costs and development potential, and incorporates assumptions for fee revenues, fund balance interest earnings, and project cost inflation.
Z. 
"Residential Development" means a subdivision map, parcel map, or permit for the original construction, grading, or installation of single-family detached homes, single-family attached homes, duplexes, townhomes, condominiums, apartments, manufactured homes and mobile homes.
AA. 
"SCIP" means the Statewide Community Infrastructure Program of the CSCDA.
BB. 
"Subzones" means those geographic areas within the PFFP area as depicted in Figure 1. A detailed map of each subzone depicted on Figure 1 is on file with the Special Districts Section of the County Engineering Division of the Agency and is by this reference incorporated herein.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 0907 § 1, 1993; SCC 0972 § 1, 1994; SCC 1185 § 2, 2001; SCC 1616 § 2, 2017; SCC 1624 § 1, 2018; SCC 1661 § 1, 2020)
A. 
There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the Antelope Basin "A" Drainage Mitigation Fund. All drainage development fees collected pursuant to this chapter shall be placed in said fund and shall be expended solely to pay the costs of drainage facilities located within or downstream of Antelope Drainage Basin "A" in the Dry Creek watershed.
B. 
The Antelope Drainage Fund shall be administered by the Sacramento County Water Agency.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 4, 2001; SCC 1616 § 3, 2017)
A. 
There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the East Antelope Northern Subarea Drainage Fund. All drainage development fees collected pursuant to this chapter shall be placed in said fund and shall be expended solely to pay the costs of drainage facilities required by the East Antelope Specific Plan that are not reimbursable by Zone 11C of the Sacramento County Water Agency.
B. 
The East Antelope Northern Subarea Drainage Fund shall be administered by the Administrator.
(SCC 1185 § 5, 2001; SCC 1616 § 4, 2017)
A. 
There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the Antelope Fire Fund. All fire protection development fees collected pursuant to this chapter shall be placed in said fund and shall be expended solely to pay the costs of fire protection facilities.
B. 
The Antelope Fire Fund shall be administered by the Sacramento Metropolitan Fire District.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 6, 2001; SCC 1616 § 5, 2017)
A. 
These is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the Antelope Parks and Recreation Fund. All parks and recreation development fees collected pursuant to this chapter shall be placed in said fund and shall be expended solely to pay the costs of parks and recreation facilities.
B. 
The Antelope Parks and Recreation Fund shall be administered by the Sunrise Recreation and Park District.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 7, 2001; SCC 1616 § 6, 2017)
A. 
There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the Antelope Major Roadway Fund. All amounts collected from major roadway development fees shall be placed in said fund and shall be expended solely to pay the costs of major roadway facilities in accord with the East Antelope Specific Plan and the Antelope PFFP.
B. 
The Antelope Major Roadway Fund shall be administered by the Administrator.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 8, 2001; SCC 1616 § 7, 2017)
A. 
There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the East Antelope Local Roadway Fund. All amounts collected from East Antelope local roadway development fees shall be placed in said fund and shall be expended solely to pay the costs of local roadway facilities in accord with the East Antelope Specific Plan and the Antelope PFFP.
B. 
The East Antelope Local Roadway Fund shall be administered by the Administrator.
(SCC 1185 § 9, 2001; SCC 1616 § 8, 2017)
A. 
There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the Antelope Water Fund. All water development fees collected pursuant to this chapter shall be placed in said fund and shall be expended solely to pay the costs of water facilities.
B. 
The Antelope Water Fund shall be administered by the Sacramento County Water Agency.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 10, 2001; SCC 1616 § 9, 2017)
No change in a land use zone shall be approved within the Antelope PFFP area unless payment of the development fees established by this chapter is required by the property owner as a condition of such approval. No building permit shall be approved for property within the Antelope PFFP area unless the development fees for that property are paid as required by this chapter.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 11, 2001)
Notwithstanding the foregoing, the Antelope Fire Fee shall be imposed on those building permits for which applications were submitted to the County on or before June 13, 2003. The Antelope Fire Fee shall not be imposed on building permits for which applications were submitted to the County after June 13, 2003.
(SCC 1243 § 1, 2003)
Notwithstanding the foregoing, the East Antelope Northern Subarea Drainage Development Fee shall be imposed on those building permits for which applications were submitted to the County before July 2004. The East Antelope Northern Subarea Drainage Development Fee shall not be imposed on building permits for which applications were submitted to the County during and after July 2004.
(SCC 1624 § 2, 2018)
Notwithstanding the foregoing, the Antelope Basin "A" Drainage Mitigation Development Fee shall be imposed on those building permits for which the permits were issued before October 22, 2018. The Antelope Basin "A" Drainage Mitigation Development Fee shall not be imposed on building permits for which the permits were issued on or after October 22, 2018.
(SCC 1624 § 3, 2018)
Notwithstanding the foregoing, the Antelope Water Mitigation Development Fee shall be imposed on those building permits for which the permits were issued before October 22, 2018. The Antelope Water Mitigation Development Fee shall not be imposed on building permits for which the permits were issued on or after October 22, 2018.
(SCC 1624 § 4, 2018)
A. 
The development fees imposed pursuant to this chapter shall be paid by the property owner to the Agency in an amount calculated pursuant to Sections 16.80.100 and 16.80.110. The fees shall be calculated at the time of approval of improvement plans and shall be paid upon issuance of building permits. For projects that are subject to building permits, but not improvement plan approval, the fees shall be both calculated and paid upon issuance of the building permits.
B. 
For projects for which the development fees established by this chapter were previously paid pursuant to this section or pursuant to an interim fee agreement adopted by the Board at the time of improvement plan approval, said development fees already collected shall not be refunded for the purpose of later payment at time of building permit approval. Adjustments to said fees pursuant to the terms of such interim fee agreements shall be provided.
C. 
For projects that participate in SCIP, Section 16.80.190 shall apply.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 12, 2001; SCC 1616 § 10, 2017)
A. 
The Board shall by resolution adopt an Antelope Public Facilities Financing Plan. The Board shall review the Antelope Public Facilities Program annually, or more often if it deems it appropriate, and may amend it by resolution at its discretion.
B. 
With the exception of facilities approved by the Director for construction by a property owner pursuant to Section 16.80.150, all facilities shall be constructed in accordance with the schedule established in the Antelope Public Facilities Financing Plan.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1616 § 11, 2017)
A. 
A separate development fee is hereby established for each of the following categories of facilities: (1) major roadway facilities; (2) East Antelope local roadway facilities; (3) fire protection facilities; (4) park and recreation facilities; (5) Basin "A" drainage mitigation facilities; (6) East Antelope Northern Subarea drainage facilities; and (7) water mitigation facilities.
B. 
There are hereby created three subzones of the PFFP area for the application of development fees as shown in Figure 1.
C. 
With the exception of the East Antelope local roadway development fee, the Basin "A" drainage mitigation development fee, and the East Antelope Northern Subarea drainage development fee, the foregoing development fees shall apply uniformly throughout Subzones 1 and 2 of the Antelope PFFP area. The East Antelope local roadway development fee shall be applicable only to property within Subzone 2, the Northern, Central, and Western Subareas of the East Antelope Specific Plan, as specified in the Antelope PFFP. The Basin "A" drainage mitigation development fee shall be applicable only to property within Antelope Drainage Basin "A" as specified in the Antelope PFFP. The East Antelope Northern Subarea drainage development fee shall be applicable only to property within the Northern Subarea of the East Antelope Specific Plan as specified in the Antelope PFFP. For property within Subzone 3, only the major roadway development fee applies to this subzone.
V2--Image-2.tif
(SCC 645 § 1, 1986; SCC 648 § 3, 1986; SCC 649 § 1, 1986; SCC 0721 § 3, 1988; SCC 1185 § 13, 2001; SCC 1616 § 12, 2017; SCC 1624 § 5, 2018)
A. 
The development fees set forth in Sections 16.80.070 and 16.80.100 shall be calculated pursuant to the following formula:
A x D x P = F
where,
A = the acreage proposed for development;
D = the dwelling unit equivalent factor(s) for the land use zone(s) included in the development;
P = the Program Fee per dwelling unit equivalent; and
F = the development fee for each category of public facilities to be paid by the owner of property for which a change in land use zone has been approved or the permits described in Section 16.80.070 are proposed for approval.
B. 
The development fees calculated pursuant to subsection A of this section shall be paid by the property owner in the amount of the F factor for each of the seven categories of facilities established by Section 16.80.100 as applicable pursuant to the Antelope Public Facilities Financing Plan.
C. 
For the purpose of calculating development fees pursuant to subsections A and B of this section for properties with an approved use permit which significantly changes the underlying use of the site, the Planning Director is hereby authorized to determine the land use zone and associated dwelling unit equivalent factor as specified in Section 16.80.130 which corresponds most directly to the use and its facilities requirements. For the purpose of calculating development fees pursuant to subsections A and B of this section for property to be developed for use as Mini Storage, the dwelling unit equivalent factors shall be those established for the M-1 land use zone.
D. 
For the purpose of calculating development fees pursuant to subsections A, B, and C of this section for building permits for dwelling units not associated with a recorded residential subsection, non-residential development, or multiple family development, or for land use categories not included in this chapter, the Planning Director is hereby authorized to determine the appropriate land use zone which corresponds most directly to the use and density.
E. 
Notwithstanding subsections A and B of this section, all development fees for Residential Development within the Antelope Public Facilities Financing Plan Area for which a Building Permit is issued on or before December 31, 2004 and for which the building site location is property zoned RD-15, RD-20, RD-25 or RD-30 shall be calculated as detailed in the Antelope Public Facilities Financing Plan.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 14, 2001; SCC 1274 § 1, 2004; SCC 1616 § 13, 2017)
A. 
The dwelling unit equivalent factor for property within the Antelope PFFP area is based on its land use zone and the Antelope Public Facilities Financing Plan.
B. 
The dwelling unit equivalent (DUE) factors utilized to calculate the major roadway development fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1/RD-1
1.00
RD-2
1.80
RD-3
2.60
RD-4
3.25
RD-5
4.00
RD-7
5.50
RD-10
7.00
RD-15
9.50
RD-20
12.00
RD-25
15.00
RD-30
18.00
SC
13.30
LC
16.30
GC
16.30
BP
13.50
M-1
7.00
C. 
The dwelling unit equivalent (DUE) factors utilized to calculate the East Antelope local roadway development fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1/RD-1
1.00
RD-2
1.80
RD-3
2.60
RD-4
3.25
RD-5
4.00
RD-7
5.50
RD-10
7.00
RD-15
9.50
RD-20
12.00
RD-25
15.00
RD-30
18.00
SC
13.30
LC
16.30
GC
8.06
BP
17.74
M-1
8.06
D. 
The dwelling unit equivalent (DUE) factors utilized to calculate the Basin "A" drainage mitigation development fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
1.00
AR-2
1.00
AR-1/RD-1
1.00
RD-2
1.00
RD-3
1.00
RD-4
1.00
RD-5
1.00
RD-7
1.09
RD-10
1.09
RD-15
1.09
RD-20
1.09
RD-25
1.09
RD-30
1.09
SC
1.09
LC
1.09
GC
1.09
BP
1.09
M-1
1.09
E. 
The dwelling unit equivalent (DUE) factors utilized to calculate the East Antelope Northern Subarea drainage mitigation development fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
1.00
AR-2
1.00
AR-1/RD-1
1.00
RD-2
1.00
RD-3
1.00
RD-4
1.00
RD-5
1.00
RD-7
1.00
RD-10
1.00
RD-15
1.00
RD-20
1.00
RD-25
1.00
RD-30
1.00
SC
1.00
LC
1.00
GC
1.00
BP
1.00
M-1
1.00
F. 
The dwelling unit equivalent (DUE) factors utilized to calculate the water mitigation development fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1/RD-1
1.00
RD-2
2.00
RD-3
3.00
RD-4
4.00
RD-5
5.00
RD-7
7.00
RD-10
8.06
RD-15
10.08
RD-20
12.90
RD-25
16.12
RD-30
19.35
SC
6.45
LC
8.06
GC
8.06
BP
17.74
M-1
8.06
G. 
The dwelling unit equivalent (DUE) factors utilized to calculate the fire protection development fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1/RD-1
1.00
RD-2
2.00
RD-3
3.00
RD-4
4.00
RD-5
5.00
RD-7
7.00
RD-10
8.06
RD-15
10.08
RD-20
12.90
RD-25
16.12
RD-30
19.35
SC
6.45
LC
8.06
GC
8.06
BP
17.74
M-1
8.06
H. 
The dwelling unit equivalent (DUE) factors utilized to calculate the parks and recreation development fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1/RD-1
1.00
RD-2
2.00
RD-3
3.00
RD-4
4.00
RD-5
5.00
RD-7
7.00
RD-10
8.06
RD-15
10.08
RD-20
12.90
RD-25
16.12
RD-30
19.35
SC
2.15
LC
2.69
GC
2.69
BP
5.91
M-1
0.50
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 16, 2001; SCC 1616 § 14, 2017)
A. 
Upon application by the property owner, the Administrator may enter into a credit agreement authorizing the construction of any East Antelope local roadway and East Antelope Northern Subarea drainage facilities, or portions thereof, at the time and as designated in the Antelope Public Facilities Financing Plan in lieu of all, or a portion of, the applicable East Antelope local roadway development fee or East Antelope Northern Subarea drainage development fee required by this chapter. The Administrator may also enter into a credit agreement authorizing the construction of any major roadway facilities, or portions thereof, within six months prior to the beginning of the fiscal year for which it is scheduled for construction and after that time as designated in the Antelope Public Facilities Financing Plan in lieu of all, or a portion of, the applicable major roadway development fee required by this chapter. If so authorized, the credit to be provided to the property owner shall be the actual cost of constructing the facility including costs such as right-of-way, engineering design, design surveys, construction surveys, construction inspection and materials testing, and contingency, up to the estimated cost as set forth in the Antelope Public Facilities Financing Plan in effect at the time of the facilities' acceptance, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must be accepted by the Agency, or the property owner must post a bond or other security for the complete performance of the construction in a form acceptable to the Administrator and the County Counsel, prior to credit being given and issuance of any of the approvals set forth in Section 16.80.080.
B. 
Upon application by the property owner, the park facilities provider, the Sunrise Recreation and Park District, may enter into a credit agreement authorizing the construction of any parks and recreation facilities, or portions thereof, at the time and as designated in the Antelope Public Facilities Financing Plan in lieu of all, or a portion of, the applicable parks and recreation development fee required by this chapter. If so authorized, the credit to be provided to the property owner shall be the actual cost of constructing the facility including costs such as engineering design, design surveys, construction surveys, construction inspection and materials testing, and contingency, up to the estimated cost as set forth in the Antelope Public Facilities Financing Plan in effect at the time of the facilities' acceptance, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must be accepted by the Sunrise Recreation and Park District, or the property owner must post a bond or other security for the complete performance of the construction in a form acceptable to the Sunrise Recreation and Park District, prior to credit being given and issuance of any of the approvals set forth in Section 16.80.080.
C. 
At the time of the execution of the agreement, the estimated amount eligible for credit for such construction will be set at the estimated cost of the facility as contained in the Antelope Public Facilities Financing Plan in effect at the time, including, but not limited to, unit prices, quantities and project descriptions.
D. 
Where the amount of the credit is less than the amount of the otherwise applicable major roadway, East Antelope local roadway, East Antelope Northern Subarea drainage or parks and recreation development fee, the property owner must pay the difference as set forth in Section 16.80.080.
E. 
Where the amount of the credit for Antelope major roadway construction is greater than the amount of the otherwise applicable major roadway development fee, the property owner shall be paid the difference only from the Antelope Major Roadway Fund within a reasonable time after the project is accepted by the Agency.
F. 
Where the amount of the credit for East Antelope local roadway construction is greater than the amount of the otherwise applicable East Antelope local roadway development fee, the property owner shall be paid the difference only from the East Antelope Local Roadway Fund within a reasonable time after the project is accepted by the Agency.
G. 
Where the amount of the credit for East Antelope Northern Subarea drainage facility construction is greater than the amount of the otherwise applicable East Antelope Northern Subarea drainage development fee, the property owner shall be paid the difference only from the East Antelope Local Roadway Fund within a reasonable time after the project is accepted by the Agency.
H. 
Where the amount of the credit for Antelope parks and recreation construction is greater than the amount of the otherwise applicable parks and recreation development fee, the property owner shall be paid the difference only from the Antelope Parks and Recreation Fund within a reasonable time after the project is accepted by the Sunrise Recreation and Park District.
I. 
Upon acceptance of the improvement, the County shall verify the actual cost of the project. If: (1) the actual project cost is less than the estimated cost contained in the agreement, the difference between the actual cost of the project and the estimated cost contained in the agreement shall be applied to lower any remaining credits or be paid to the County by the property owner if no credits are available. If there is reimbursement due to the property owner, such difference shall be deducted from the reimbursement amount; (2) the actual project cost is more than the estimated cost contained in the agreement, no additional credit or reimbursement will be authorized unless the estimated cost in the Antelope Public Facilities Financing Plan in effect at the time of the project acceptance is greater than the estimated cost contained in the agreement due to annual adjustments or periodic updates to the Antelope PFFP, in which case, the difference between the estimated cost contained in the agreement and the lesser of the actual project cost or the estimated cost contained in the Antelope PFFP in effect at the time of the project acceptance, will be applied to increase any future available credits or be reimbursed by the County to the property owner pursuant to Section 16.80.150; (3) notwithstanding the foregoing, if within a two-year time period a property owner constructs two or more major roadway facilities, the County may allocate the difference calculated pursuant to subsections (I)(1) and (I)(2) above from one major roadway facility project to another major roadway facility project if the actual cost of one roadway facility project exceeds its estimated cost contained in the Antelope Public Facilities Financing Plan at the time of acceptance of the project.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 0721 § 4, 1998; SCC 1185 § 17, 2001; SCC 1212 § 1, 2002; SCC 1250 § 1, 2003; SCC 1264 § 1, 2004; SCC 1616 § 15, 2017; SCC 1624 § 6, 2018; SCC 1656 § 1, 2020)
A. 
Upon application by the property owner, the Administrator may enter into a reimbursement agreement authorizing the construction of any major roadway facilities, or portions thereof, designated in the Antelope Public Facilities Financing Plan prior to the fiscal year for which construction is scheduled therein. The agreement shall set forth the amount to be reimbursed, the time and manner in which payments are to be made, and shall require reimbursement only from the Antelope Major Roadway Fund and/or the fund established through SCIP, if applicable.
B. 
Upon application by the property owner, the Administrator may enter into a reimbursement agreement authorizing the construction of any East Antelope local roadway facilities, or portions thereof, designated in the Antelope Public Facilities Financing Plan. The agreement shall set forth the amount to be reimbursed, the manner and priority in which payments are to be made, and shall require reimbursement only from the East Antelope Local Roadway Fund and/or the fund established through SCIP, if applicable.
C. 
Upon application by the property owner, the Administrator may enter into a reimbursement agreement authorizing the construction and/or acquisition of any East Antelope Northern Subarea drainage facility, or portions thereof, designated in the Antelope Public Facilities Financing Plan. The agreement shall set forth the amount to be reimbursed, the manner and priority in which payments are to be made, and shall require reimbursement only from the East Antelope Northern Subarea Drainage Fund.
D. 
Upon application by the property owner, the Sunrise Parks and Recreation District may enter into a reimbursement agreement authorizing the construction and/or acquisition of any Antelope parks and recreation facility, or portions thereof, designated in the Antelope Public Facilities Financing Plan. The agreement shall set forth the amount to be reimbursed, the manner and priority in which payments are to be made, and shall require reimbursement only from the Antelope Parks and Recreation Fund and/or the fund established through SCIP, if applicable.
E. 
At the time of the execution of the agreement, the estimated amount for such construction to be included in the agreement will be set at the estimated cost of the facility as contained in the Antelope Public Facilities Financing Plan in effect at the time, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must be accepted by the Agency prior to any reimbursements are made. Upon acceptance of the improvement, the County shall verify the actual cost of the project. The eligible amount of reimbursement shall be the actual cost of constructing the facility including costs such as right-of-way, engineering design, design surveys, construction surveys, construction inspection and materials testing, and contingency, up to the Estimated Cost as set forth in the Antelope Public Facilities Financing Plan in effect at the time of the completed improvement is accepted. Notwithstanding the foregoing, if within a two-year time period, a property owner constructs two or more major roadway facilities, the County may allocate the differences of the eligible amounts pursuant to this subsection of one major roadway facility project to another major roadway facility project if the actual cost of one project exceeds its Estimated Costs contained in the Antelope Public Facilities Financing Plan at the time of the project acceptance. Any eligible amount to be provided to the property owner for the construction of the facilities that is not credited to the property owner pursuant to Section 16.80.140 shall be reimbursed to the property owner pursuant to this section.
F. 
For major roadways, the time of reimbursement shall be the end of the fiscal year in which facility is scheduled for construction in the Antelope PFFP. For East Antelope local roadways, the time of reimbursement shall be on the basis of County acceptance of the completed improvement and sufficiency of the East Antelope Local Roadway Fund as determined by the Administrator. For East Antelope Northern Subarea drainage facilities, the time of reimbursement shall be on the basis of County acceptance of the completed improvement and sufficiency of the East Antelope Northern Subarea Drainage Fund as determined by the Administrator in his or her sole discretion. For Antelope park and recreation facilities, the time of reimbursement shall be on the basis of acceptance of the completed improvement by the Sunrise Parks and Recreation District and sufficiency of the Antelope Parks and Recreation Fund as determined by the Sunrise Parks and Recreation District in its sole discretion.
G. 
By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the development fees in the manner and amount specified by this chapter.
H. 
Where a major roadway facility is proposed by the property owner within six months prior to the beginning of the fiscal year for which it is scheduled for construction in the Antelope Public Facilities Financing Plan, the Administrator at his or her discretion may either: (1) provide the property owner with a credit pursuant to Section 16.80.140; or (2) enter into a reimbursement agreement with the property owner pursuant to this section.
I. 
If the Administrator enters into an agreement authorized by subsection A, B, C, or D of this section or credit agreement as authorized by Section 16.80.140(A), the agreement shall provide that: (1) the general fund of the County is not liable for payment of any obligations arising from the agreement; (2) the credit or taxing power of the County is not pledged for the payment of any obligations arising from the agreement; (3) the landowner shall not compel the exercise of the County taxing power or the forfeiture of any of its property to satisfy any obligations arising from the agreement; and (4) the obligation arising from the agreement is not a debt of the County, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, and is payable only from the development fees deposited in the Antelope Major Roadway Fund, East Antelope Local Roadway Fund, or East Antelope Northern Subarea Drainage Fund, or Antelope Parks and Recreation Fund, and/or the fund established through SCIP, as applicable.
J. 
Property owner or authorized agent shall apply for reimbursement as set forth in this section no later than four years after: (1) the roadway project is constructed and accepted; (2) the end of the fiscal year in which the facility is scheduled for construction in the PFFP Development Program; or (3) the effective date of this ordinance; whichever date is later. Construction costs shall not be reimbursed unless reimbursement is applied for within these time periods.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 721 § 5, 1988; SCC 1185 § 18, 2001; SCC 1212 § 2, 2002; SCC 1250 § 2, 2003; SCC 1264 § 2, 2004; SCC 1616 § 16, 2017; SCC 1624 § 7, 2018; SCC 1656 § 2, 2020)
A. 
The Board of Supervisors hereby finds that the funding mechanisms currently available to the Dry Creek Elementary School District may be insufficient to finance those interim and permanent school facilities that will be needed to serve the level of development authorized within the Antelope PFFP area.
B. 
The Board of Supervisors further finds that the lack of such adequate mechanism constitutes a school funding crisis in that the Dry Creek Joint Elementary School District will be unable to provide minimally adequate educational services to students generated by development authorized within the Antelope PFFP area.
C. 
The Board of Supervisors further finds that after extensive review of this school funding crisis with the Dry Creek Joint Elementary School District, property owners within that portion of the Antelope PFFP area served by the District and affected developers, it has adopted the funding mechanism embodied in this section for the benefit of all such parties.
D. 
Any rezoning of property within that portion of the Antelope PFFP area served by the Dry Creek Elementary School District shall be conditioned on the formation of a Mello-Roos Community Facilities District, or annexation to the Dry Creek Joint Elementary School District Community Facilities District No. 1, and levy of a special tax, to fund that property's share of the cost of constructing those interim and permanent school facilities identified in the Antelope Public Facilities Financing Plan which cannot be funded by the Dry Creek Elementary School District from otherwise available funding mechanisms.
E. 
The Mello-Roos Community Facilities District referred to in subsection D of this section shall be formed, or the rezoned property shall be annexed to the Dry Creek Joint Elementary School District Community Facilities District No. 1, and the special tax levied, prior to the recordation of any final subdivision map, approval of any improvement plans or issuance of any building permits for the rezoned property.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 0740 § 1, 1988; SCC 1185 § 19, 2001)
Beginning March 31, 2014, and subsequently each year on March 1st, or as soon as possible thereafter, the Administrator shall authorize the adjustment of the program fee per dwelling unit equivalent in each fee category as follows:
A. 
A "mean" index will be computed by averaging the index for 20 U.S. Cities with the index for San Francisco by resort to the January Issue of the Engineering News Record magazine Construction Cost Index of the year in which the calculation is being made.
B. 
An adjustment factor shall be computed by dividing the "mean" index as calculated in subsection A of this section by the "mean" index for the previous January, however, the March 2014 adjustment factor shall be computed by dividing the "mean" index as calculated in subsection A of this section by the "mean" index for January 2013, and, if a new program fee has been adopted after January of the previous year, the adjustment factor shall be computed by dividing the "mean" index from the month that the fee was adopted.
C. 
The adjusted program fee per dwelling unit equivalent shall be calculated by multiplying the adjustment factor, as calculated in subsection B of this section, by the program fee per dwelling unit equivalent in place prior to the annual adjustment.
D. 
The estimated cost of the facilities used in the capital improvement program and for calculating credits and reimbursements pursuant to Sections 16.80.140 and 16.80.150 shall be adjusted using the same adjustment factor pursuant to subsections A, B and C of this section.
(SCC 1185 § 20, 2001; SCC 1264 § 3, 2004; SCC 1414 § 1, 2009; SCC 1448 § 1, 2010; SCC 1483 § 1, 2011; SCC 1499 § 1, 2011; SCC 1525 § 1, 2013; SCC 1550 § 1, 2014)
This chapter is intended to establish a supplemental method for funding the cost of certain facilities and services the need for which will be generated by the level and type of development proposed in the Antelope PFFP area. The provisions of this chapter shall not be construed to limit the power of the Board to impose any other fees or exactions or to continue to impose existing ones, on development within the Antelope PFFP area, but shall be in addition to any other requirements which the Board is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the Antelope PFFP area pursuant to State and local laws. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and other exactions required by, but not limited to: (1) the Sacramento County Department of Public Works Improvement Standards; (2) the Quimby Act (Government Code Section 66477 et seq.) and implementing ordinances (Chapter 22.40 of this code); (3) school impact fees (Government Code Sections 65970 et seq.) and implementing ordinances (Chapter 16.50 of this code); and county drainage fees (County Water Agency Ordinance No. 1). Any credits or repayments pursuant to Sections 16.80.140 and 16.80.150 shall not include the funding, construction or dedications described in this section.
(SCC 645 § 1, 1986; SCC 649 § 1, 1986; SCC 1185 § 21, 2001)
A property owner who has paid fees pursuant to this chapter shall receive a credit against fees which become due and payable on other property subject to this chapter if the following conditions are met:
A. 
The property owner has previously paid fees pursuant to this chapter calculated on the basis of land use designation in effect at the time of payment;
B. 
The property owner sought and obtained a rezone of the property for which such fees were paid and the new land use designation would have permitted the payment of lower fees;
C. 
The property owner is required to pay fees for other property pursuant to this chapter.
The credit allowed pursuant to this section shall be allowed against the fees required to be paid as described in subsection C hereof. No credit allowed pursuant to this section shall be transferred.
(SCC 0907 § 2, 1993; SCC 0972 § 2, 1994)
A. 
This section shall apply to all development projects that participate in SCIP.
B. 
The development fees imposed by this chapter may be paid and financed pursuant to SCIP. SCIP includes two programs for funding eligible fees: (1) the Fee Reimbursement Program; and (2) the Fee Prefunding Program.
C. 
Fees, or portions of the fees, paid and financed pursuant to SCIP, including any interest earned, shall be invested in a local agency account held by CSCDA for the benefit of the County and shall be treated as though they were deposited in the trust funds established pursuant to this chapter.
D. 
Under the Fee Reimbursement Program, property owners that have paid development fees pursuant to Section 16.80.080 shall be reimbursed using proceeds from bonds issued by CSCDA. Fees paid pursuant to this program shall be deposited in the County's local agency account with CSCDA and shall be immediately available for requisition by the County for expenditures authorized by this chapter.
E. 
Under the Fee Prefunding Program, development fees are paid directly to the County by CSCDA from bond proceeds on behalf of property owners responsible for the payment of such fees pursuant to Section 16.80.080. Fees paid pursuant to this program shall be deposited in the County's local agency account with CSCDA and shall be immediately available for requisition by the County for expenditures authorized by this chapter. The portion of the fees financed through the Fee Prefunding Program shall be deducted from the property owner's fee payment obligations as calculated pursuant to this chapter. Any increases or adjustments in the fees shall be calculated and collected as provided in this chapter, less any amounts paid pursuant to SCIP.
(SCC 1616 § 17, 2017)
The Antelope Fee Program Development Impact Fees shall not be applied to Accessory Dwelling Units 850 square feet or less and 1,000 square feet or less for multi-bedroom units. For all other accessory dwelling units, the Antelope fee shall be charged in an amount which is the lesser of:
(a) 
A proportionate amount in relation to the square footage of the primary dwelling unit based upon the Antelope fee amount that the primary dwelling unit would pay; or
(b) 
The rate for an RD-20 unit with one occupant.
(SCC 1661 § 2, 2020)