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 public facilities; including, but not limited to: (1) park facilities; (2) roadway facilities; and (3) transit facilities.
B. 
The General Plan further requires the preparation of a plan that identifies a mechanism for financing those facilities necessary to serve urban development in areas designated for urban expansion. The General Plan also contains additional policies for supporting funding of additional park land acquisition and development, and use of developer dedications, development impact fees, and other means to pay for acceptable level of transportation facilities.
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 impact fees to fund the cost of certain facilities, the need for which is directly or indirectly generated by the type and level of development proposed in the North Vineyard Station Specific Plan (NVSSP) Public Facilities Financing Plan (PFFP), as it may be amended from time to time (hereinafter in some instances referred to as NVSSP area or PFFP area).
D. 
It is the further purpose of this chapter to require that adequate provision is made for developer financed facilities within the NVSSP area as a condition to any rezoning and prior to approval of certain permits within said area.
(SCC 1309 § 1, 2005; SCC 1540 § 1, 2013)
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 NVSSP Area minus the acreage of the major street right-of-way of those standard arterials or standard thoroughfares having a right-of-way width of seventy–two (72) feet or more as designated in the Major Street and Highway Plan, Circulation Element or Diagram of the Sacramento County General Plan which are located on such property and minus the acreage of major SMUD or PG & E electrical transmission line easements, railroad rights-of-way, parkways, wetlands, detention basins, and major drainage channels which cannot be developed or other areas that cannot be developed subject to the Administrator's discretion.
C. 
"Administrator" means the Deputy County Executive of the Public Works and Infrastructure Agency.
D. 
"Age Restricted" means a residential subsection, townhouse, or multifamily development designated as a senior or elderly housing project under applicable State or Federal law and subject to restrictions as to the age of one or more residents of each of the units.
E. 
"Agency" means the Public Works and Infrastructure Agency.
F. 
"Ag-res Accessory Dwelling Unit" means an Accessory Dwelling Unit to be constructed that is attached to or detached from, a primary residence on a parcel zoned AR1, AR2, AR5, AR10, AG20 or AG80 and existing on or before the original effective date of the ordinance which enacted this chapter.
G. 
"Board" means the Board of Supervisors of the County of Sacramento.
H. 
"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.
I. 
"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 costs of land, construction and inspection, engineering, administration, and consulting fees.
J. 
"County" means the County of Sacramento.
K. 
"CSCDA" means the California Statewide Communities Development Authority.
L. 
"Development Impact Fee" means the fee levied by this chapter upon the approval of Building Permits within the NVSSP Area.
M. 
"Development Unit" means dwelling unit equivalent for Residential Development or square foot for Nonresidential Development.
N. 
"Dwelling Unit Equivalent Factor" means the financial responsibility for Facilities of a specific land use zone in the Sacramento County Zoning Code compared to the financial responsibility for the same Facilities of one acre of land zoned for one single-family detached dwelling unit per acre.
O. 
"Estimated Cost" means the cost of constructing a facility as set forth in the NVSSP Development Impact Fee Program Nexus Study. For Facilities that are under design or construction, the Estimated Costs are based on the engineer's estimates and for the rest of programmed Facilities, the Estimated Costs are based upon the unit cost for each construction item plus a fixed percentage for right-of-way, inspection, environmental document, design and construction survey, engineering and contingencies.
P. 
"Facilities" means those public facilities designated in the NVSSP Development Impact Fee Program Nexus Study.
Q. 
"Nonresidential Development" means a subdivision map, parcel map, or permit for the original construction, grading or installation of construction other than single-family detached homes, single-family attached homes, duplexes, town homes, condominiums, apartments, manufactured homes and mobile homes.
R. 
"North Vineyard Station Specific Plan (NVSSP) Area" means all property located within those geographic areas as depicted in Figure 1 attached to the ordinance codified in this chapter and incorporated herein by reference. Figure 1 is on file with the Special Districts Section of the Public Works and Infrastructure Agency and is by this reference incorporated herein.
S. 
"NVSSP Administration Fund" means that special interest-bearing trust fund established pursuant to Section 16.81.040.
T. 
"NVSSP-Development Impact Fee Program Nexus Study (Fee Program)" means the plan, including any amendments thereto, adopted by resolution by the Board for financing of designated Facilities within the NVSSP Area, including, but not limited to, a designation of those Facilities to be constructed with the Development Impact Fees collected pursuant to this chapter, the schedule for commencement of construction, the Estimated Cost of construction of the Facilities and the total number of dwelling unit equivalents within the NVSSP Area.
U. 
"NVSSP Frontage Lane Fund" means that special interest-bearing trust fund established pursuant to Section 16.81.060.
V. 
"NVSSP Park Fund" means that special interest-bearing trust fund established pursuant to Section 16.81.050.
W. 
"NVSSP Roadway Fund" means that special interest-bearing trust fund established pursuant to Section 16.81.070.
X. 
"NVSSP Transit Fund" means that special interest-bearing trust fund established pursuant to Section 16.81.080.
Y. 
"Planning Director" means the Director of Planning and Environmental Review.
Z. 
"Program Fee" means the Development Impact Fee per Development Unit for a particular category of Facilities. The Program Fee per dwelling unit equivalent is calculated by dividing the total program Costs for a particular category of Facilities by the total number of dwelling unit equivalents identified in the NVSSP Fee Program for the particular category.
AA. 
"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, town homes, condominiums, apartments, manufactured homes and mobile homes.
BB. 
"SCIP" means the Statewide Community Infrastructure Program of the CSCDA.
CC. 
"Vacant Parcel" m. eans a parcel with a tax assessor code of vacant residential and which is zoned AR1, AR2, AR5, AR10, AG20 or AG80.
(SCC 1309 § 1, 2005; SCC 1449 § 1, 2010; SCC 1472 § 1, 2010; SCC 1500 § 1, 2011; SCC 1540 § 2, 2013; SCC 1543 § 1, 2013; SCC 1574 § 1, 2014; SCC 1602 § 1, 2016; SCC 1606 § 63, 2017; SCC 1616 § 18, 2017; SCC 1633 § 1, 2019; SCC 1645 § 1, 2019; SCC 1661 § 3, 2020)
A. 
There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the NVSSP Administration Fund or other appropriate accounting mechanism. All administration fees collected pursuant to this chapter shall be placed in said fund and shall be expended by the County of Sacramento, or its successor agency, solely to pay the costs associated with administering the NVSSP Fee Program.
B. 
The NVSSP Administration Fund shall be administered by the Administrator.
(SCC 1309 § 1, 2005)
A. 
There is hereby established by the Department of Finance in County Treasury a special interest-bearing trust fund entitled the NVSSP Park Fund. All park improvement development impact fees collected pursuant to this chapter shall be placed in said fund and shall be expended by the Southgate Recreation and Parks District (SRPD) or its successor agency solely to pay the costs of applicable parks and recreation facilities identified in the PFFP—Fee Program.
B. 
The NVSSP Park Fund shall be administered by the Southgate Recreation and Parks District.
(SCC 1309 § 1, 2005)
A. 
There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the NVSSP Frontage Lane Fund. All frontage lane development impact fees collected pursuant to this chapter shall be placed in said fund and shall be expended by the County of Sacramento or its successor agency solely to pay the costs of applicable frontage lane improvements identified in the PFFP—Fee Program.
B. 
The NVSSP Frontage Lane Fund shall be administered by the Administrator.
(SCC 1309 § 1, 2005)
A. 
There is hereby established by the Department of Finance in County Treasury a special interest-bearing trust fund entitled the NVSSP Roadway Fund. All amounts collected from roadway development impact fees pursuant to this chapter shall be placed in said fund and shall be expended by the County of Sacramento or its successor agency solely to pay the costs identified in the roadway capital improvement program of the PFFP—Fee Program.
B. 
The NVSSP Roadway Fund shall be administered by the Administrator.
(SCC 1309 § 1, 2005)
A. 
There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the NVSSP Transit Fund. All amounts collected from transit development impact fees pursuant to this chapter shall be placed in said fund and shall be expended by the Sacramento Regional Transit District (RT) or its successor agency solely to pay the costs of transit facilities identified in the PFFP—Fee Program.
B. 
The NVSSP Transit Fund shall be administered by the Sacramento Regional Transit District.
(SCC 1309 § 1, 2005)
The NVSSP Fee Program Development Impact Fees shall not be applied to Vacant Parcels within the NVSSP Area existing on or before the original effective date of the ordinance which enacted this chapter. Vacant Parcels which are created subsequent to the effective date of the ordinance shall be subject to the NVSSP Fee Program Development Impact Fees.
(SCC 1309 § 1, 2005; SCC 1645 § 2, 2019)
The NVSSP Fee Program Development Impact Fees shall not be applied to Ag-res Accessory Dwelling Units within the NVSSP Area.
(SCC 1309 § 1, 2005; SCC 1645 § 3, 2019)
No change in a land use designation shall be approved within the NVSSP area unless payment of the development impact fees established by this chapter by the property owner is required as a condition of such approval. No building permit shall be approved for property within the NVSSP area unless the development impact fees for that property are paid as required by this chapter.
(SCC 1309 § 1, 2005)
The development impact fees imposed pursuant to this chapter shall be paid by the property owner to the Agency, in an amount calculated pursuant to Section 16.81.140. The fees shall be calculated following the approval of subdivision maps and shall be paid upon issuance of building permits. For projects that are subject to building permits, but not subdivision map approval, the fees shall be both calculated as of the date of and paid upon issuance of the building permits. For projects that participate in SCIP, Section 16.81.210 shall apply.
(SCC 1309 § 1, 2005; SCC 1616 § 19, 2017)
A. 
The Board shall by resolution adopt a PFFP—Fee Program. The Board shall receive a report pursuant to Government Code Section 66006 on the PFFP—Fee Program not less than annually and may periodically amend the PFFP—Fee Program by resolution at its discretion.
B. 
All facilities established in the PFFP—Fee Program shall be funded pursuant to the provisions of this chapter.
(SCC 1309 § 1, 2005)
A separate development impact fee is hereby established and shall apply to all properties within the NVSSP area for each of the following categories:
A. 
NVSSP roadway;
B. 
NVSSP frontage lane;
C. 
NVSSP park;
D. 
NVSSP transit; and
E. 
NVSSP administration.
(SCC 1309 § 1, 2005; SCC 1540 § 4, 2013)
A. 
For Residential Development, the Development Impact Fees per dwelling unit set forth in Sections 16.81.100 and 16.81.110 with the exception of the NVSSP administration fee shall be calculated pursuant to the following formula:
F = sum of (A x D) x P / N
Where:
F = the Development Impact Fee for each applicable category of public facilities to be paid for each dwelling unit by the owner of property for which the permits described in Section 16.81.100 are proposed for approval; and
A = the Acreage proposed for development for each land use zone(s); and
D = the Dwelling Unit Equivalent Factor(s) for the land use zone(s) included in the development; and
P = Program Fee per dwelling unit equivalent as shown in the NVSSP Fee Program; and
N = number of dwelling units within the development.
B. 
For Nonresidential Development, the Development Impact Fees per Building Permit set forth in Sections 16.81.100 and 16.81.110 with the exception of the NVSSP administration fee shall be calculated pursuant to the following formula:
F = S x P
Where:
F = The Development Impact Fee for each category of public facilities to be paid for each Building Permit by the owner of property for which permits described in Section 16.81.100 are proposed for approval; and
S = the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated to the parcel of real property by issuance of a Building Permit; and
P = Program Fee per square foot as shown in the NVSSP Fee Program.
C. 
For Residential and Nonresidential Development, the administration fee per Building Permit set forth in Sections 16.81.100 and 16.81.110 shall be calculated pursuant to the following formula:
F = T x 4%
Where:
F = the NVSSP administration fee to be paid for each dwelling unit for Residential Development, or for each Building Permit for Nonresidential Development, by the owner of property for which permits described in Section 16.81.100 are proposed for approval; and
T = the sum of the Development Impact Fees for all category of public facilities to be paid for each dwelling unit for Residential Development, or for each Building Permit for Nonresidential Development, before any applicable credits pursuant to Section 16.81.160, 16.81.170 or 16.81.180 are applied, by the owner of property for which a change in land use zone has been approved or the permits described in Section 16.81.100 are proposed for approval.
D. 
The Development Impact Fees shall be paid by the property owner in the amount as calculated pursuant to subsections A, B, and C of this section for the categories of Development Impact Fees established by Section 16.81.130, which are applicable.
E. 
For the purpose of calculating NVSSP Development Impact Fees pursuant to subsections A, B, C and D 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 which corresponds most directly to the use and density.
F. 
For the purpose of calculating NVSSP Development Impact Fees pursuant to subsections A, B, C, and D of this section for Building Permits for dwelling units not associated with a recorded residential subsection, Nonresidential 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.
G. 
For the purpose of calculating NVSSP Development Impact Fees pursuant to subsections A, B, C, and D of this section for properties with the use of mini-storage regardless of the underlying land use designation, the Development Impact Fees shall be calculated as if the property is located in an M1 land use zone.
H. 
For the purpose of calculating NVSSP Development Impact Fees pursuant to subsections A, B, C, and D of this section for service stations, the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated from outside of the NVSSP Area shall include the square footage underneath all canopies.
I. 
For the purpose of calculating NVSSP Development Impact fees pursuant to subsections A, B, C, and D of this section for Age Restricted development, the roadway, the frontage lane and the park Development Impact Fees per dwelling unit set forth in Sections 16.81.100 and 16.81.110 shall be calculated as follows:
1. 
The roadway Development Impact Fee per dwelling unit, and frontage lane Development Impact Fee per dwelling unit shall be calculated pursuant to the following formula:
F = sum of (A x0.34 x D) x P / N
Where:
F = the roadway and frontage lane Development Impact Fees to be paid for each dwelling unit by the owner of property for which the permits described in Section 16.81.100 are proposed for approval; and
A = the Acreage proposed for development for each land use zone(s); and
D = the Dwelling Unit Equivalent Factor(s) for the land use zone(s) included in the development; and
P = roadway and frontage lane Program Fees per dwelling unit equivalent as shown in the NVSSP Fee Program; and
N = number of dwelling units within the development.
2. 
The park Development Impact Fee per dwelling unit shall be calculated pursuant to the following formula:
F = sum of (A x 0.69 x D) x P / N
Where:
F = the park Development Impact Fee to be paid for each dwelling unit by the owner of property for which permits described in Section 16.81.100 are proposed for approval.
A = the Acreage proposed for development for each land use zone(s); and
D = the Dwelling Unit Equivalent Factor(s) for the land use zone(s) included in the development; and
P = park Program Fee per dwelling unit equivalent as shown in the NVSSP Fee Program; and
N = number of dwelling units within the development.
(SCC 1309 § 1, 2005; SCC 1449 § 2, 2010; SCC 1472 § 2, 2010; SCC 1500 § 2, 2011; SCC 1540 § 5, 2013; SCC 1543 § 2, 2013; SCC 1574 § 2, 2014; SCC 1602 § 2, 2016; SCC 1616 § 20, 2017; SCC 1633 § 2, 2019; SCC 1645 § 4, 2019)
A. 
The Dwelling Unit Equivalent (DUE) Factors for property within the NVSSP Area are based on the Fee Program.
B. 
The DUE Factors utilized to calculate the roadway Development Impact Fees and frontage lane Development Impact Fees shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1
1.00
RD-1
1.00
RD-2
2.00
RD-3
2.80
RD-4
3.50
RD-5
4.10
RD-6
4.90
RD-7
5.70
RD-9
6.50
RD-10
7.20
RD-20
10.20
BP
13.50
LC
16.30
C. 
The DUE Factors utilized to calculate the park Development Impact Fees shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1
1.00
RD-1
1.00
RD-2
2.00
RD-3
2.90
RD-4
3.70
RD-5
4.50
RD-6
5.40
RD-7
6.30
RD-9
6.64
RD-10
7.40
RD-20
11.70
BP
3.20
LC
2.50
D. 
The DUE Factors utilized to calculate the transit Development Impact Fee shall be as follows:
Land Use Zones
DUE Factor
AR-5
0.20
AR-2
0.50
AR-1
1.00
RD-1
1.00
RD-2
2.00
RD-3
2.90
RD-4
3.60
RD-5
4.10
RD-6
4.90
RD-7
5.50
RD-9
11.00
RD-10
12.20
RD-20
38.10
BP
36.90
LC
52.80
(SCC 1309 § 1, 2005; SCC 1540 § 6, 2013; SCC 1645 § 5, 2019)
A. 
Any replacement or reconstruction (no change in use) of any residential unit that was removed from the same parcel of real property by authorized demolition or relocation to another parcel, accidental destruction or natural disaster during the four years preceding the applicant's filing for the Building Permit shall be exempted from the Development Impact Fees. However, if the residential unit(s) replaced or reconstructed exceeds the documented total number of the residential unit(s) removed, the excess units are subject to the Development Impact Fees.
B. 
Any replacement or reconstruction (no change in use) of any nonresidential structure that was removed from the same parcel of real property by authorized demolition or relocation to another parcel, accidental destruction or natural disaster during the four years preceding the applicant's filing for the Building Permit shall be exempted from the Development Impact Fees. However, if the building(s) replaced or reconstructed exceeds the documented total floor area of the building(s) removed, the excess square footage is subject to the Development Impact Fees.
C. 
If a residential and/or nonresidential structure is replaced with a structure under an alternative land use, then the Planning Director is hereby authorized to evaluate the land use zone corresponding to the removed and replacement structures and determine the appropriate fee adjustment to reflect the different use factors of the original and new structures.
D. 
For purposes of subsections A, B and C of this section, the definition of the same parcel of real property encompasses the newly created parcel resulted from a lot line adjustment, parcel map or final map where the original structure(s) is/are situated.
E. 
For purposes of subsections A, B and C of this section, the burden of proof of the date of demolition, relocation or destruction of the original structure(s) shall be on the applicant. In the case of demolition, the date of demolition shall be defined as the date of issuance of the demolition permit.
(SCC 1645 § 6, 2019)
A. 
Upon application by the property owner or authorized agent, the Administrator may at his or her discretion enter into a credit / reimbursement agreement, pursuant to this section, authorizing the construction of, dedication of right-of-way (ROW) for and/or advanced funding of any roadway or frontage lane Facilities, or portions thereof, designated in the NVSSP Fee Program in lieu of all, or a portion of, the roadway or frontage lane Development Impact Fees required by this chapter. The agreement shall set forth the amount to be credited or reimbursed, the time and manner in which credits are applied or payments are to be made, and shall require reimbursement only from the applicable NVSSP Roadway or NVSSP Frontage Lane Funds, and/or the fund established through SCIP, if applicable.
B. 
The total amount eligible for credit or reimbursement for the Facilities constructed by private development shall be the actual cost of constructing the facility including Costs such as engineering design, design surveys, construction surveys, construction inspection and materials testing, ROW and contingency, up to the Estimated Cost as set forth in the NVSSP Fee Program at the time of project acceptance or as set forth in subsection N of this section, if applicable.
C. 
At the time of the execution of the agreement, the estimated amount eligible for credit or reimbursement for such construction or advancement of funds will be set at the Estimated Cost of the facility as contained in the NVSSP Fee Program in effect at the time, including, but not limited to, unit prices, quantities and project descriptions.
D. 
The construction of any facility authorized by this section must be accepted by the Agency prior to reimbursement or credit, or, in the case of a credit, the property owner shall post 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 Building Permit, pursuant to Sections 16.81.100 and 16.81.110.
E. 
Credits shall be given for up to 70% of the amount of the otherwise applicable roadway Development Impact Fee and 90% of the amount of the otherwise applicable frontage lane Development Impact Fee. A minimum of 30% of the roadway Development Impact Fee and 10% of the frontage lane Development Impact Fee shall be paid and reserved for the engineering, environmental review and construction of the County priority projects within the NVSSP Fee Program roadway and frontage lane capital improvement plans. The County priority projects are determined by the County's latest Transportation Improvement and Program Guide (TIPG).
F. 
Where the amount of the credit is greater than 70% of the otherwise applicable roadway Development Impact Fee or 90% of the otherwise applicable frontage lane Development Impact Fee, the property owner shall be paid the difference only from the applicable NVSSP Roadway or NVSSP Frontage Lane Funds pursuant to subsection I of this section.
G. 
In the case where the property owner: (1) advances funds towards engineering, environmental review and/or construction of County-constructed projects; or (2) constructs a project that is included in the County's latest TIPG (TIPG Project), the property owner shall be eligible for credit that exceeds 70% of the roadway Development Impact Fee and/or 90% of the frontage land Development Impact Fee up to 100% of the amount of the otherwise applicable roadway and/or frontage lane Development Impact Fees. If the total funds advanced and/or cost of constructing a TIPG project under this subsection, together with other eligible credits authorized under this section, exceed 100% of the otherwise applicable aggregate roadway and/or frontage lane Development Impact Fee obligations, the property owner shall be reimbursed the amount in excess of the 100% pursuant to subsection I of this section. The amount of the credit in excess of 70% of the otherwise applicable roadway Development Impact Fee or 90% of the otherwise applicable frontage lane Development Impact Fee shall not exceed the amount the property owner advanced and/or expended on the TIPG project pursuant to this subsection.
H. 
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 NVSSP Fee Program in effect at the time of the project acceptance or as set forth in subsection N of this section, if applicable, is greater than the estimated cost contained in the agreement due to annual adjustments or periodic updates to the Fee Program, 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 NVSSP Fee Program in effect at the time of the project acceptance or as set forth in subsection N of this section, if applicable, will be applied to increase any future available credits or be reimbursed by the County to the property owner pursuant to subsection I of this section; (3) notwithstanding the foregoing, if within a two year time period, a property owner constructs two or more roadway Facilities, County may allocate the difference calculated pursuant to subsection (H)(1) above of one roadway facility project to another of the roadway facility projects if the actual cost of such roadway facility project exceeds its Estimated Costs contained in the NVSSP Fee Program at the time of acceptance of the project or as set forth in subsection N of this section, if applicable; and (4) notwithstanding the foregoing, if within a two year time period, a property owner constructs two or more frontage lane Facilities, County may allocate the difference calculated pursuant to subsection (H)(1) above of one frontage lane project to another of the frontage lane project if the actual cost of such frontage lane facility project exceeds its Estimated Costs contained in the NVSSP Fee Program at the time of acceptance of the project or as set forth in subsection N of this section, if applicable.
I. 
Any eligible amount to be provided to the property owner for the construction of, ROW dedication for, or advanced funding of the roadway and/or frontage lane Facilities identified in the NVSSP Fee Program as set forth in subsections A, B, C, D, E, F, G and H of this section that is not credited to the property owner shall be reimbursed to the property owner on a first-come first-served basis based on the acceptance date of the improvement or the date of advancement of the funds and further subject to the availability of funds in the NVSSP Fee Program Roadway or Frontage Lane Funds and after reimbursement to County for County funded projects. Notwithstanding the foregoing, if such amount is for a facility that is also funded by a community facilities district the reimbursement will be subject to the limitations set forth in subsection J of this section.
J. 
Reimbursement of any Facilities designated in the NVSSP Fee Program that are also funded by a community facilities district shall only be made to the community facilities district that funded the facility.
K. 
By entering into a credit/reimbursement agreement, a property owner is not relieved of the obligation to pay the Development Impact Fees in the manner and amount specified by this chapter.
L. 
If the Administrator enters into an agreement authorized by subsection A of this section, 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 Impact Fees deposited in the applicable NVSSP Roadway Fund or Frontage Lane Fund, and/or the fund established through SCIP, if applicable.
M. 
Property owner or his or her authorized agent shall apply for credit or reimbursement as set forth in this section no later than four years after the roadway and/or frontage project is constructed and accepted. Property owner shall waive the right of reimbursement for construction Costs payable under this section when the reimbursement is not applied for within said four-year limitation.
N. 
Notwithstanding the foregoing, for the list of projects included below, if the acceptance date of the project is prior to October 21, 2019, the total amounts eligible for roadway and/or frontage lane credit or reimbursement shall be the actual cost of the improvements up to the Estimated Cost as set forth in the NVSSP Fee Program in effect as of October 21, 2019.
1. 
Florin Road and Hedge Avenue 2x2 Intersection Improvement (R4.4a).
2. 
Waterman Road and Gerber Road intersection and Waterman Road Improvements between Gerber Road and CCTC RR Crossing associated with Vineyard Creek Unit 4 (R34 and R7.3.1 including frontage lane).
3. 
Bradshaw Road and Alder Creek Drive Signal (R58).
4. 
Florin Road Improvement between CCTC RR (Project Boundary) and Waterman Road (R3.3) including Crossing at Elder Creek (R3.12) and any associated frontage lane. Florin Road (offsite) between Elk Grove Florin Road to project boundary (CCTC RR Crossing) (R3.2).
5. 
Waterman Road Improvement between CCTC RR Crossing and Florin Road (R7.3.2 including frontage lane). Traffic signal at Florin Road and Waterman Road (R29a).
6. 
Gerber Road at Gerber Creek Crossing (R.12).
(SCC 1309 § 1, 2005; SCC 1555 § 1, 2014; SCC 1616 § 21, 2017; SCC 1645 § 7, 2019)
A. 
Upon application by the property owner or his or her authorized agent, the park facilities provider, the Southgate Recreation and Park District, may authorize the construction of any park and recreation Facilities, or portions thereof, at the time and as designated in the NVSSP Fee Program in lieu of all, or a portion of, the park improvement Development Impact Fee required by this chapter and may enter into a credit agreement pursuant to subsections B, C, D and E of this section or may enter into a reimbursement agreement pursuant to subsections F, G and H of this section. If so authorized, the credit to be provided to the property owner shall be equal to the Estimated Cost of the facility as set forth in the NVSSP Fee Program in effect at the time when the facility is accepted by the parks facilities provider, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must first be approved by the park facilities provider, the Southgate Recreation and Park District or otherwise authorized by said park facilities provider, and the security for the complete performance of the construction is posted in a form acceptable to the said park facilities provider, prior to credit being given and issuance of any Building Permit, pursuant to Sections 16.81.100 and 16.81.110.
B. 
Credit shall be given for up to 90% of the amount of the otherwise applicable park improvement Development Impact Fee. A minimum of 10% of the park improvement Development Impact Fee shall be paid and reserved for the preliminary engineering, and environmental review and construction of the Southgate Recreation and Park District constructed improvements.
C. 
Where the amount of the credit is less than the amount of the otherwise applicable park improvement Development Impact Fee, the property owner must pay the difference as set forth in Section 16.81.110.
D. 
Where the amount of the credit is greater than the amount of the Development Impact Fee, the property owner shall be paid the difference only from the applicable NVSSP Park Fund after the project is accepted by the park facilities provider subject to the availability of funds in the NVSSP Park Fund.
E. 
If the parks facilities provider and a property owner agree, the property owner may receive a credit against the park improvement Development Impact Fee for land dedication in an amount up to the cost of land for the applicable facilities as set forth in the NVSSP Fee Program in effect at the time of the land dedication and not to exceed the value of property conveyed to the provider as determined by the park facilities provider.
F. 
Upon application by the property owner or authorized agent, the park facilities provider, the Southgate Recreation and Park District, may enter into a reimbursement agreement authorizing the construction of any park Facilities, or portions thereof, designated in the NVSSP Fee Program. 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 applicable NVSSP Park Fund, and/or the fund established through SCIP, if applicable.
G. 
The construction of any park Facilities authorized by this section must be accepted by the park facilities provider prior to reimbursement. The timing of the reimbursement shall be further subject to the availability of funds in the NVSSP Park Fund. The amount of reimbursement shall be the Estimated Cost of the facility as set forth in the NVSSP Fee Program in effect at the time of the facility is accepted by the parks facilities provider.
H. 
By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the Development Impact Fees in the manner and amount specified by this chapter.
(SCC 1309 § 1, 2005; SCC 1616 § 22, 2017; SCC 1645 § 8, 2019)
A. 
Upon application by the property owner or authorized agent, the Sacramento Regional Transit District may enter into a credit/reimbursement agreement, pursuant to this section, authorizing the construction of any transit Facilities, or portions thereof, at the time and as designated in the NVSSP Fee Program in lieu of all, or a portion of, the transit Development Impact Fee required by this chapter. If so authorized, the credit to be provided to the property owner shall be equal to the Estimated Cost of the facility as set forth in the NVSSP Fee Program in effect at the time when the facility is accepted by the Sacramento Regional Transit District, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must first be approved by the Sacramento Regional Transit District and the security for the complete performance of the construction is posted in a form acceptable to the Sacramento Regional Transit District, prior to credit being given and issuance of any Building Permit, pursuant to Sections 16.81.100 and 16.81.110.
B. 
Where the amount of the credit is less than the amount of the otherwise applicable transit Development Impact Fee, the property owner must pay the difference as set forth in Section 16.81.110.
C. 
Where the amount of the credit is greater than the amount of the Development Impact Fee, the property owner shall be reimbursed the difference only from the NVSSP Transit Fund after the project is accepted by the Sacramento Regional Transit District and further subject to the availability of funds in the NVSSP Transit Fund.
D. 
If the transit facilities provider and a property owner agree, the property owner may receive a credit against the transit Development Impact Fee for land dedication in an amount up to the cost of land for the applicable facilities as set forth in the NVSSP Fee Program in effect at the time of the land dedication and not to exceed the value of property conveyed to the provider as determined by the Sacramento Regional Transit.
(SCC 1309 § 1, 2005; SCC 1645 § 9, 2019)
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 development unit for each type of development 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 development unit shall be calculated by multiplying the adjustment factor, as calculated in subsection B of this section, by the program fee per development unit 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 16.81.160, 16.81.170 and 16.81.180 shall be adjusted using the same adjustment factor pursuant to subsections A, B and C of this section.
(SCC 1309 § 1, 2005; SCC 1415 § 1, 2009; SCC 1449 § 3, 2010; SCC 1484 § 1, 2011; SCC 1500 § 3, 2011; SCC 1526 § 1, 2013; SCC 1551 § 1, 2014)
In the event a building permit expires pursuant to the County Building and Construction Code, a claim for refund of the development impact fees paid in connection with the expired building permit may be filed by the applicant or designee who paid the development impact fees with the Administrator. Unless such funds have been expended or otherwise committed such a claim shall be granted, with the exception of the administration fee, whereupon, the amount previously paid, less expended or committed amounts, shall be refunded to that applicant or written designee, subject to availability of funds in each corresponding Fund. Such a refund shall not be paid until the Agency verifies that the building permit is void.
(SCC 1472 § 3, 2010)
In the event a building permit, whether issued before or after the effective date of the ordinance codified in this chapter, expires pursuant to the County Buildings and Construction Code, before such work may be commenced or recommenced, a new building permit shall be obtained and such building permit may be issued only if any increase in the development impact fees imposed pursuant to this chapter and in effect on the date of issuance are paid. If refunds were granted pursuant to Section 16.81.192, such building permit may be issued only if all development impact fees imposed pursuant to this chapter in effect on the date of issuance are paid, including the administration fee.
(SCC 1472 § 4, 2010)
A. 
This chapter is intended to establish a supplemental method for funding the cost of certain facilities the need for which will be generated by the level and type of development proposed in the North Vineyard Station Specific Plan. 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 NVSSP 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 NVSSP 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 Municipal Services Agency 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; and County drainage fees (County Water Agency Ordinance No. 1). Any credits or repayments pursuant to Sections 16.81.160, 16.81.170, and 16.81.180 shall not include the funding, construction or dedications described in this section.
B. 
The construction of facilities by a private owner pursuant to Section 16.81.160, 16.81.170 or 16.81.180 shall be performed and contracted for only as required by law, including, but not limited to, compliance with the Agency's Improvement Standards, and requirements for public works, if applicable to the particular facility.
(SCC 1309 § 1, 2005)
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 16.81.110 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 16.81.110. 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 § 23, 2017)
The North Vineyard Station 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 North Vineyard Station 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 North Vineyard Station fee amount that the primary dwelling unit would pay; or
(b) 
The rate for an RD-20 unit with one occupant.
Figure 1 North Vineyard Station Specific Plan Area
V2--Image-3.tif
(SCC 1661 § 4, 2020)