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, transportation 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 the use of developer dedications,
development 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 fees to fund the estimated cost of certain facilities, the need for which is directly or indirectly generated by the type and level of development proposed in the Mather Field Public Facilities Financing Plan (hereinafter in some instances referred to as "PFFP") area.
D.
It
is the further purpose of this chapter to require that adequate provision
be made for developer financed facilities within the PFFP area as
a condition of any rezoning and prior to approval of certain permits
within said area.
(SCC 1213 § 1, 2002; SCC
1616 § 30, 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 net acreage of any property within the PFFP area.
C.
"Administrator"
means the Deputy County Executive of the Sacramento County Public
Works and Infrastructure Agency.
D.
"Agency"
means the County of Sacramento Public Works and Infrastructure Agency.
E.
"Average
daily operation" means the estimated maximum number of general aviation
aircraft takeoffs and landings in one year, as determined by the County
Department of Airports, divided by 365.
F.
"Board"
means the Board of Supervisors of the County of Sacramento.
G.
"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.
H.
"Building
square feet" means the square feet of proposed construction or the
square feet of occupied space as determined by a building permit or
occupancy permit.
I.
"Business
and professional office" means a land use having buildings comprised
of greater than 70% of square footage in office use as defined by
the Sacramento County Zoning Code.
J.
"County"
means the County of Sacramento.
K.
"Development
fee" means the fee levied by this chapter upon the approval of building
permits within the PFFP area.
L.
"Development
unit" means dwelling unit for transitional housing use, building square
feet for light industrial, industrial office park, business and professional
office, commercial, child care uses, acres for commercial recreation,
recreation-regional park, and recreation-golf course uses, room for
lodging use and average daily operations for general aviation use.
M.
"Dwelling
unit" means each room for occupancy in a transitional housing development.
N.
"Estimated
cost" means the cost of constructing a facility based upon the unit
costs for each construction item plus contingency, planning, consulting
inspection, materials testing, design and construction survey, engineering,
and other related costs as set forth in the PFFP—Nexus Study.
O.
"Facilities"
means those public facilities designated in the PFFP—Nexus Study.
P.
"Grading permit" means the permit issued or required for digging, excavating, transporting, spreading, depositing, filling, compacting, or shaping of land surfaces and slopes, and other operations performed or controlled by human activity involving the physical movement of rock or soil, as required by Chapter 16.44 of the Sacramento County Code.
Q.
"Industrial
office" means a land use having buildings comprised of between 30%
and 70% of square footage in office use as defined by the Sacramento
County Zoning Code.
R.
"Light
industrial" means a land use having buildings comprised of less than
30% of square footage in office use as defined in the Sacramento County
Zoning Code.
S.
"Mather Field Administration Fund" means that special interest-bearing trust fund established pursuant to Section 16.84.030.
T.
"Mather
Field Public Facilities Financing Plan Area" means all property located
within the geographic area as described in the PFFP.
U.
"Mather
Field Public Facilities Financing Plan—Development Fee Program" means
the plan, including any amendments thereto, adopted by resolution
by the Board for financing of designated facilities within the 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 construction of the facilities and the total number of development
units within the PFFP area.
V.
"Mather Field Transportation Fund" means that special interest-bearing trust fund established pursuant to Section 16.84.040.
W.
"Non-residential
development" means a subdivision map, parcel map, or permit for the
original construction, grading or installation other than single-family
detached homes, single-family attached homes, duplexes, townhomes,
condominiums, Transitional Housing, and apartments.
X.
"Occupancy
permit" means a Certificate of Occupancy issued by the Building Official
of Sacramento County pursuant to the Sacramento County Building Code
for occupancy of any structure.
Y.
"PFFP—Nexus
Study" means the Mather Field Public Facilities Fee Nexus Study dated
February 1, 2002 and prepared by Economic & Planning Systems Inc.
Z.
"Program
Fee" means the Development Fee per Development Unit for a particular
fee category for each type of development as shown in the PFFP Development
Fee Program.
AA.
"Room"
means each room for rent in a hotel or motel development.
BB.
"Transitional
housing" means housing, skills development and training, and support
facilities for families and single persons within the Mather Community
Campus Transitional Housing Program managed and operated by the County's
Department of Human Assistance.
(SCC 1213 § 1, 2002; SCC
1616 § 31, 2017; SCC 1661 § 7,
2020)
A.
The
Department of Finance is hereby directed to create in the County Treasury
a special interest-bearing trust fund entitled the Mather Field 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 of administration.
B.
The
Mather Field Administration Fund shall be administered by the Administrator.
(SCC 1213 § 1, 2002; SCC
1616 § 32, 2017)
A.
The
Department of Finance is hereby directed to create in the County Treasury
a special interest-bearing trust fund entitled the Mather Field Transportation
Fund or other appropriate accounting mechanism. All amounts collected
from transportation facilities Development Fees shall be placed in
said fund and shall be expended by the County of Sacramento or its
successor agency solely to pay the estimated cost of transportation
facilities identified in the Nexus Study.
B.
The
Mather Field Transportation Fund shall be administered by the Administrator.
(SCC 1213 § 1, 2002; SCC
1616 § 33, 2017)
No change in a land use designation shall be approved within
the 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 PFFP area unless the Development Fees for that property are paid
as required by this chapter.
(SCC 1213 § 1, 2002)
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 16.84.100, 16.84.110 and 16.84.120. The fees shall be calculated and paid upon issuance of building permits or occupancy permits or grading permits for Commercial Recreation, Recreation-Regional Park, and Recreation-Golf Course Developments, whichever occurs first. For projects that participate in SCIP, Section 16.84.160 shall apply.
(SCC 1213 § 1, 2002; SCC
1616 § 34, 2017)
The Board shall by resolution adopt the capital improvement
plan/program of the PFFP—Nexus Study. The Board shall review
the capital improvement plan/program of the PFFP—Nexus Study
not less than annually and may amend it by resolution at its discretion.
(SCC 1213 § 1, 2002)
A separate Development Fee is hereby established for (a) administration
and (b) transportation facilities.
(SCC 1213 § 1, 2002)
The Board shall by resolution adopt the specific amount of the Development Fees imposed pursuant to this chapter, including authorizing the annual adjustment pursuant to Section 16.84.140.
(SCC 1213 § 1, 2002)
A.
The Development Fees per building permit or occupancy permit for Transitional Housing Development set forth in Section 16.84.060 shall be calculated pursuant to the following formula:
|
F = P x D
|
|
where:
|
|
F = the Development Fee for each fee category to be paid for
each building permit or occupancy permit by the owner of property;
and
|
|
P = Program Fee for each fee category for the type of development
as shown in the PFFP Development Fee Program; and
|
|
D = number of Dwelling Units.
|
B.
The Development Fees per building permit or occupancy permit for Light Industrial, Industrial Office Park, Business and Professional Office, Commercial, and Child Care Developments set forth in Section 16.84.060 shall be calculated pursuant to the following formula:
|
F = P x B
|
|
where:
|
|
F = the Development Fee for each fee category to be paid for
each building permit or occupancy permit by the owner of property;
and
|
|
P = Program Fee for each fee category for the type of development
as shown in the PFFP Development Fee Program; and
|
|
B = building square feet.
|
C.
The Development Fees per building permit or occupancy permit for Lodging Developments set forth in Section 16.84.060 shall be calculated pursuant to the following formula:
|
F = P x R
|
|
where:
|
|
F = the Development Fee for each fee category to be paid for
each building permit or occupancy permit by the owner of property;
and
|
|
P = Program Fee for each fee category for the type of development
as shown in the PFFP Development Fee Program; and
|
|
R = number of rooms.
|
D.
The Development Fees per building permit or occupancy permit for General Aviation Developments set forth in Section 16.84.060 shall be calculated pursuant to the following formula:
|
F = P x A
|
|
where:
|
|
F = the Development Fee for each fee category to be paid for
each building permit or occupancy permit by the owner of property;
and
|
|
P = Program Fee for each fee category for the type of development
as shown in the PFFP Development Fee Program; and
|
|
A = Average Daily Operations.
|
E.
The Development Fees per grading permit or occupancy permit for Commercial Recreation, Recreation-Regional Park, and Recreation-Golf Course Developments set forth in Section 16.84.060 shall be calculated pursuant to the following formula:
|
F = P x A
|
|
where:
|
|
F = the development fee for each fee category to be paid for
each building permit or occupancy permit by the owner of property;
and
|
|
P = program fee for each fee category for the type of development
as shown in the PFFP—Development Fee Program; and
|
|
A = acreage.
|
G.
For the purpose of calculating PFFP development fees pursuant to subsections A, B and E of this section for properties with an approved use permit which significantly changes the underlying use of the site, the Administrator is hereby authorized to determine the land use which corresponds most directly to the use and density.
H.
For the purpose of calculating PFFP development fees pursuant to subsections A, B and E of this section for building or occupancy permits not associated with dwelling units from a nonresidential development or for land use categories not included in this chapter, the Administrator is hereby authorized to determine the appropriate program fees by determining the land use which corresponds most directly to the use and density.
(SCC 1213 § 1, 2002; SCC
1616 § 35, 2017)
The land use utilized to calculate the transportation facilities
development fee shall be as follows:
|
Land Use Category
|
Development Unit
|
|---|---|
|
Transitional Housing
|
Per Dwelling Unit
|
|
Light Industrial
|
Building Sq. Ft.
|
|
Industrial Office Park
|
Building Sq. Ft.
|
|
Business and Professional Office
|
Building Sq. Ft.
|
|
Commercial (LC)
|
Building Sq. Ft.
|
|
Commercial Recreation
|
Acres
|
|
Child Care
|
Building Sq. Ft.
|
|
Lodging
|
Per Room
|
|
Recreation-Regional Park
|
Acres
|
|
Recreation-Golf Course
|
Acres
|
|
General Aviation (Airport)
|
Per Average Daily Operation
|
(SCC 1213 § 1, 2002)
A.
Where a transportation facility is proposed for construction by the property owner which is included in the Capital Improvement Plan/Program of the PFFP—Nexus Study, the Administrator at his or her discretion may either: (1) enter into a credit agreement with the property owner pursuant to this section; or (2) enter into a reimbursement agreement with the property owner pursuant to Section 16.84.130.
B.
Upon application by the property owner or authorized agent, the Administrator may authorize the construction of any transportation facilities, or portions thereof, which is included in the Capital Improvement Plan/Program of the PFFP—Nexus Study in lieu of all or a portion of the transportation facilities development 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 then current PFFP—Nexus Study, 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 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 16.84.050.
C.
Where the amount of the credit is less than the amount of the otherwise applicable transportation facilities Development Fee, the property owner must pay the difference as set forth in Section 16.84.060.
D.
Where the amount of the credit is greater than the amount of the development fee, the property owner shall be paid the difference only from the Mather Field Transportation Fund within a reasonable time after the project is accepted by the Agency and shall be entered into a reimbursement agreement pursuant to Section 16.84.130.
(SCC 1213 § 1, 2002)
A.
Upon
application by the property owner or authorized agent, the Administrator
may enter into a reimbursement agreement for the construction of any
transportation facilities, or portions thereof, as designated in the
PFFP—Nexus Study. 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 Mather Field Transportation
Fund and/or the fund established through SCIP, if applicable.
B.
The
amount of reimbursement shall be the estimated cost of the facility
as set forth in the PFFP—Nexus Study in effect at the time the
reimbursement agreement is approved. The time of reimbursement shall
be when the facilities are accepted by the Administrator.
C.
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.
D.
If the Administrator enters into an agreement authorized by subsection A of this section, or credit agreement as authorized by Section 16.84.120(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 Mather Field Transportation Fund and/or the fund established through SCIP, if applicable.
(SCC 1213 § 1, 2002; SCC
1616 § 36, 2017)
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.
(SCC 1213 § 1, 2002; SCC
1417 § 1, 2009; SCC 1451 § 1,
2010; SCC 1486 § 1, 2011; SCC 1502 § 1, 2011; SCC 1528 § 1,
2013; SCC 1553 § 1, 2014)
A.
This chapter is intended to establish a supplemental method for funding the estimated cost of certain facilities the need for which will be generated by the level and type of development proposed in the Mather Field 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 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 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 Public Works 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 16.84.120 and 16.84.130 shall not include the funding, construction or dedications described in this section.
B.
The construction of facilities by a private owner pursuant to Section 16.84.120 or 16.84.130 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 1213 § 1, 2002)
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 16.84.060 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 16.84.060. 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 § 37, 2017)
The Mather Field 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 Mather Field 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 Mather Field fee amount that the primary
dwelling unit would pay; or
(b)
The rate for an RD-20 unit with one occupant.
(SCC 1661 § 8, 2020)
