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 and frontage lane 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 Florin Vineyard Community Plan (FVCP) area, as it may be amended from time to time (hereinafter in some instances referred to as FVCP Area).
D. 
It is the further purpose of this chapter to require that adequate provision is made for developer financed facilities within the FVCP Area as a condition to any rezoning and prior to approval of certain permits within said area.
(SCC 1640 § 1, 2019)
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 FVCP 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 74 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 subdivision, 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 by the County for the construction, improvement, or remodeling of any structure pursuant to and as defined by the Sacramento County Buildings and Construction Code.
I. 
"Certificate of Occupancy" means the document issued by the County's Building Permits and Inspection ("BPI") section certifying that the newly constructed building or structure has been inspected and complies with all applicable state and local laws, ordinances, rules, and regulations governing construction and occupancy or, for a building or structure that does not receive this document, the Building Permit signed by BPI after the building structure passes final inspection.
J. 
"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.
K. 
"County" means the County of Sacramento.
L. 
"CSCDA" means the California Statewide Communities Development Authority.
M. 
"Development Impact Fee" means the fee levied by this chapter upon the approval of Building Permits or issuance of Certificates of Occupancy, as applicable, within the FVCP area.
N. 
"Development Unit" means dwelling unit equivalent for Residential Development or square foot for Nonresidential Development.
O. 
"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.
P. 
"Estimated Cost" means the cost of constructing a facility, as set forth in the FVCP 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 the programmed facilities, the Estimated Costs are based upon the unit costs for each construction item plus a fixed percentage for right-of-way, inspection, environmental document, design and construction survey, engineering and contingencies.
Q. 
"Facilities" means those public facilities designated in the FVCP Development Impact Fee Program Nexus Study.
R. 
"Florin Vineyard Community Plan (FVCP) 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. 
"FVCP Administration Fund" means that special interest-bearing trust fund established pursuant to Section 16.85.030.
T. 
"FVCP Development Impact Fee Program Nexus Study (FVCP Fee Program)" means the plan, including any amendments thereto, adopted by resolution by the Board for financing of designated Facilities within the FVCP 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 FVCP Area.
U. 
"FVCP Other Jurisdiction Roadway Fund" means that special interest-bearing trust fund established pursuant to Section 16.85.040.
V. 
"FVCP Park Fund" means that special interest-bearing trust fund established pursuant to Section 16.85.050.
W. 
"FVCP Roadway and Frontage Lane Fund" means that special interest-bearing trust fund established pursuant to Section 16.85.060.
X. 
"FVCP Transit Fund" means that special interest-bearing trust fund established pursuant to Section 16.85.070.
Y. 
"Local Roadway Facilities" means roadway and frontage lane facilities that are not included in the Sacramento County Transportation Development Fee (SCTDF) Program, including, but not limited to, fronting access traffic signals on minor streets intersecting an arterial or a thoroughfare, frontage lanes on an arterial or a thoroughfare not included in SCTDF Program, and shoulder widening.
Z. 
"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.
AA. 
"Planning Director" means the Director of Planning and Environmental Review.
BB. 
"Regional Roadway Facilities" means roadway and frontage lane facilities that overlap with facilities included in SCTDF Program, including, but not limited to, roadway widening on an arterial or a thoroughfare (may or may not include the frontage lane), intersection and signal improvements on arterial and thoroughfare, modification of existing traffic signals on arterials and/or thoroughfare with minor streets, culvert crossings, bridges, and at grade railroad crossing.
CC. 
"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 FVCP Fee Program for the particular category.
DD. 
"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.
EE. 
"SCIP" means the Statewide Community Infrastructure Program of the CSCDA.
FF. 
"Trigger" means cumulative number of residential lots that can be recorded as final maps or parcel maps in the FVCP area before the construction of certain transportation improvements as required and specified in Appendix D of the FVCP.
GG. 
"Vacant Parcel" means a parcel with a tax assessor code of vacant residential and which is zoned AR1, AR2, AR5, AR10, AG20 or AG80.
(SCC 1640 § 1, 2019; SCC 1661 § 9, 2020; SCC 1665 § 1, 2020; SCC 1753, 3/11/2025)
A. 
There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the FVCP 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, or its successor agency, solely to pay the costs associated with administering the FVCP Fee Program.
B. 
The FVCP Administration Fund shall be administered by the Administrator.
(SCC 1640 § 1, 2019)
A. 
There is hereby established by the Department of Finance in County Treasury a special interest-bearing trust fund entitled the FVCP Other Jurisdiction Roadway Fund. All amounts collected from other jurisdiction roadway Development Impact Fees pursuant to this chapter shall be placed in said fund and shall be expended by the County or transferred to the City of Sacramento or its successor agency solely to pay the Costs identified in the other jurisdiction roadway capital improvement plan and/or the roadway and frontage lane capital improvement plan of the FVCP Fee Program.
B. 
The FVCP Other Jurisdiction Roadway Fund shall be administered by the Administrator.
(SCC 1640 § 1, 2019)
A. 
There is hereby established by the Department of Finance in County Treasury a special interest-bearing trust fund entitled the FVCP 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 FVCP Fee Program.
B. 
The FVCP Park Fund shall be administered by the Southgate Recreation and Parks District.
(SCC 1640 § 1, 2019)
A. 
There is hereby established by the Department of Finance in County Treasury a special interest-bearing trust fund entitled the FVCP Roadway and Frontage Lane Fund. All amounts collected from roadway and frontage lane Development Impact Fees pursuant to this chapter shall be placed in said fund and shall be expended by the County or its successor agency solely to pay the Costs identified in the roadway and frontage lane capital improvement plan of the FVCP Fee Program.
B. 
The FVCP Roadway and Frontage Lane Fund shall be administered by the Administrator.
(SCC 1640 § 1, 2019)
A. 
There is hereby established by the Department of Finance in County Treasury a special interest-bearing trust fund entitled the FVCP Transit Fund. All transit improvement Development Impact Fees collected pursuant to this chapter shall be placed in said fund and shall be expended by the Sacramento Regional Transit or its successor agency solely to pay the Costs of applicable transit Facilities identified in the FVCP Fee Program.
B. 
The FVCP Transit Fund shall be administered by the Sacramento Regional Transit.
(SCC 1640 § 1, 2019)
No change in a land use designation shall be approved within the FVCP 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 Permits or Certificates of Occupancy, as applicable, shall be approved for property within the FVCP Area unless the Development Impact Fees for that property are paid as required by this chapter.
(SCC 1640 § 1, 2019; SCC 1753, 3/11/2025)
The Development Impact Fees imposed pursuant to this chapter shall be paid by the property owner to the Agency prior to the approval of any Building Permits or Certificates of Occupancy, as applicable, in an amount calculated pursuant to Section 16.85.120. The fees shall be calculated following the approval of subdivision maps. For projects that are subject to Building Permits but not subdivision map approval, the fees shall be calculated at Building Permit Issuance and paid prior to issuance of any Building Permits or Certificates of Occupancy, as applicable. The Board shall establish by resolution of the following:
1. 
The types and categories of development projects for which Development Impact Fees may be collected at Building Permit issuance and Certificate of Occupancy issuance, respectively; and
2. 
Any additional requirements, processes, or procedures applicable to residential projects for which Development Impact Fees are collected at Certificate of Occupancy issuance to guarantee the timely payment of such fees or charges. For projects that participate in SCIP, Section 16.85.240 shall apply.
(SCC 1640 § 1, 2019; SCC 1753, 3/11/2025; SCC 1753, 3/11/2025)
A. 
The Board shall by resolution adopt a FVCP Fee Program. The Board shall receive a report pursuant to Government Code Section 66006 on the FVCP Fee Program not less than annually and may periodically amend the FVCP Fee Program by resolution at its discretion.
B. 
All Facilities established in the FVCP Fee Program shall be funded pursuant to the provisions of this chapter.
(SCC 1640 § 1, 2019)
A separate Development Impact Fee is hereby established and shall apply to all properties within the FVCP Area for each of the following categories:
A. 
FVCP roadway and frontage lane;
B. 
FVCP other jurisdiction roadway;
C. 
FVCP park;
D. 
FVCP transit; and
E. 
FVCP administration.
For the purpose of this section, the FVCP other jurisdiction roadway Development Impact Fee will only apply when a FVCP Area operational agreement is entered into with the City of Sacramento. Prior to the adoption of such agreement, no FVCP other jurisdiction roadway Development Impact Fee will be collected.
(SCC 1640 § 1, 2019)
A. 
For Residential Development, the Development Impact Fees per dwelling unit set forth in Sections 16.85.080 and 16.85.090 with the exception of the FVCP 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 or certificates described in Section 16.85.080 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 FVCP 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 16.85.080 and 16.85.090 with the exception of the FVCP 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 16.85.080 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 FVCP Fee Program.
C. 
For Residential and Nonresidential Development, the administration fee per Building Permit or Certificate of Occupancy, as applicable, set forth in Sections 16.85.080 and 16.85.090 shall be calculated pursuant to the following formula:
F = T x 4%
Where:
F = the FVCP 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 or certificates described in Section 16.85.080 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 16.85.190, 16.85.200 or 16.85.210 are applied, by the owner of property for which a change in land use zone has been approved or the permits or certificates described in Section 16.85.080 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 16.85.110, which are applicable.
E. 
For the purpose of calculating FVCP Development Impact Fees pursuant to subsections A, B and C 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 FVCP Development Impact Fees pursuant to subsections A, B and C of this section for Building Permits for dwelling units not associated with a recorded residential subdivision, 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 FVCP Development Impact Fees pursuant to subsections A, B and C 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 FVCP Development Impact Fees pursuant to subsections A, B and C 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 FVCP Area shall include the square footage underneath all canopies.
I. 
For the purpose of calculating FVCP Development Impact Fees pursuant to subsection A of this section for Age Restricted development, the roadway and frontage lane, and the park Development Impact Fees per dwelling unit set forth in Sections 16.85.080 and 16.85.090 shall be calculated as follows:
1. 
The roadway and frontage lane Development Impact Fee per dwelling unit shall be calculated pursuant to the following formula:
F = sum of (A x 0.34 x D) x P / N
Where:
F = the roadway and frontage lane Development Impact Fee to be paid for each dwelling unit by the owner of property for which the permits or certificates described in Section 16.85.080 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 Fee per dwelling unit equivalent as shown in the FVCP 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 or certificates described in Section 16.85.080 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 FVCP Fee Program; and
N = number of dwelling units within the development.
(SCC 1640 § 1, 2019; SCC 1753, 3/11/2025)
A. 
The Dwelling Unit Equivalent (DUE) Factors for property within the FVCP Area are based on the FVCP Fee Program.
B. 
The DUE Factors utilized to calculate the roadway and frontage lane Development Impact Fees, and other jurisdiction roadway Development Impact Fees shall be as follows:
Land Use Zones
DUE Factor
AG-80
0.01
AG-20
0.05
AR-10
0.10
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-12
8.60
RD-15
9.50
RD-20
10.20
RD-25
12.00
RD-30
14.40
M1/M2/IR/UR
7.00
MP
18.00
BP
13.50
SC
13.40
GC
16.30
LC
16.30
TC
16.30
C. 
The DUE Factors utilized to calculate the park Development Impact Fees shall be as follows:
Land Use Zones
DUE Factor
AG-80
0.01
AG-20
0.05
AR-10
0.10
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-12
8.60
RD-15
10.20
RD-20
11.70
RD-25
13.80
RD-30
16.50
M1/M2/IR/UR
1.50
MP
3.50
BP
3.20
SC
2.10
GC
1.70
LC
2.50
TC
3.00
D. 
The DUE Factors utilized to calculate the transit Development Impact Fees shall be as follows:
Land Use Zones
DUE Factor
AG-80
0.01
AG-20
0.05
AR-10
0.10
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
5.50
RD-9
11.00
RD-10
12.20
RD-12
14.60
RD-15
18.30
RD-20
38.10
RD-25
44.80
RD-30
53.70
M1/M2/IR/UR
9.20
MP
24.40
BP
36.90
SC
66.40
GC
52.80
LC
52.80
TC
17.60
(SCC 1640 § 1, 2019)
The FVCP Fee Program Development Impact Fees shall not be applied to Vacant Parcels within the FVCP 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 FVCP Fee Program Development Impact Fees.
(SCC 1640 § 1, 2019)
The FVCP Fee Program Development Impact Fees shall not be applied to Ag-res Accessory Dwelling Units within the FVCP Area nor shall they be applied to any 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 FVCP 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 1640 § 1, 2019; SCC 1661 § 10, 2020)
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 1640 § 1, 2019)
In the event a Building Permit expires pursuant to the County Building and Construction Code or canceled for any reason, a claim for refund of the Development Impact Fees paid in connection with the expired or canceled 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 1640 § 1, 2019)
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 is paid. If refunds were granted pursuant to Section 16.85.170, such Building Permit may be issued only if all Development Impact Fees imposed pursuant to this chapter in effect on the date of issuance is either paid for those projects required to pay Development Impact Fees at Building Permit issuance or recalculated for those projects authorized by the Board to pay Development Impact Fees at Certificate of Occupancy issuance. If refunds were granted pursuant to Section 16.85.170, 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 1640 § 1, 2019; SCC 1753, 3/11/2025)
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 and frontage lane facilities, or portions thereof, designated in the FVCP 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 FVCP Roadway and Frontage Lane Fund, and/or the fund established through SCIP, if applicable.
B. 
The total amount eligible for credit or reimbursement for the roadway and frontage lane 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 FVCP Fee Program at the time of project acceptance.
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 FVCP 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 or Certificate of Occupancy, as applicable, pursuant to Sections 16.85.080 and 16.85.090.
E. 
Credit shall be given for construction of, dedication of right-of-way for, and advanced funding of Local and Regional Roadway Facilities that are triggered for the specific development phase pursuant to Appendix D of the FVCP. The allowable amount of the credit for each Building Permit or Certificate of Occupancy, as applicable, is up to 11% of the amount of the otherwise applicable roadway and frontage lane Development Impact Fee for the construction of the Local Roadway Facilities and/or up to 89% of the amount of the otherwise applicable roadway and frontage lane Development Impact Fee for the construction of the Regional Roadway Facilities. If only Local Roadway Facilities are constructed, a minimum of 89% of the roadway and frontage lane Development Impact Fee shall be paid and reserved for the Regional Roadway Facilities within the FVCP Fee Program roadway and frontage lane capital improvement plan. Conversely, if only Regional Roadway Facilities are constructed, a minimum of 11% of the roadway and frontage lane Development Impact Fee shall be paid and reserved for the Local Roadway Facilities within the FVCP Fee Program roadway and frontage lane capital improvement plan. Construction of and dedication of right-of-way for Local and/or Regional Roadway Facilities that are not Triggers for that specific development phase is not eligible for credit. They are eligible for reimbursement pursuant to subsection I of this section.
F. 
Where the amount of the credit is greater than the 11% and/or 89% of the otherwise applicable roadway and frontage lane Development Impact Fee for the construction of Local and/or Regional Roadway Facilities that are triggered for the specific development phase pursuant to Appendix D of the FVCP, the property owner shall be paid the difference only from the applicable FVCP Roadway and Frontage Lane Fund pursuant to subsection H of this section.
G. 
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 FVCP Fee Program 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 FVCP 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 FVCP Fee Program 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 subsection H of this section; and (3) notwithstanding the foregoing, if within a two year time period, a property owner constructs two or more roadway and frontage lane facilities, the County may allocate the difference calculated pursuant to subsection (G)(1) above of one roadway and frontage lane facility project to another of the roadway and frontage lane facility projects if the actual cost of such roadway and frontage lane facility project exceeds its Estimated Costs contained in the FVCP Fee Program at the time of acceptance of the project.
H. 
Any eligible amount to be provided to the property owner for the construction, ROW dedication, or advanced funding of the Local and Regional Roadway Facilities identified in the FVCP Fee Program roadway and frontage lane capital improvement plan as set forth in subsections A, B, C, D, E, F, and G of this section that is not credited to the property owner shall be reimbursed to the property owner based on the phase of development by which the improvements are triggered and the acceptance date of the improvement, or the date of advancement of the funds. The reimbursement is further subject to the availability of FVCP Fee Program Roadway and Frontage Lane Funds. 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 I of this section.
I. 
Reimbursement of any Facilities designated in the FVCP Fee Program that are also funded by a community facilities district shall only be made to the community facilities district that funded the facility.
J. 
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.
K. 
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 FVCP Roadway and Frontage Lane Fund, and/or the fund established through SCIP, if applicable.
L. 
Property owner or authorized agent shall apply for credit or reimbursement as set forth in this section no later than four years after the roadway and frontage lane 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.
(SCC 1640 § 1, 2019; SCC 1665 § 2, 2020; SCC 1753, 3/11/2025)
A. 
Upon application by the property owner or 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 FVCP 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 FVCP 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 or Certificate of Occupancy, as applicable, pursuant to Sections 16.85.080 and 16.85.090.
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 16.85.090.
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 FVCP Park Fund after the project is accepted by the park facilities provider subject to the availability of funds in the FVCP 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 FVCP 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 FVCP 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 FVCP 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 FVCP Park Fund. The amount of reimbursement shall be the Estimated Cost of the facility as set forth in the FVCP 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 1640 § 1, 2019; SCC 1753, 3/11/2025)
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 FVCP 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 FVCP 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 or Certificate of Occupancy, as applicable, pursuant to Sections 16.85.080 and 16.85.090.
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 16.85.090.
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 FVCP Transit Fund after the project is accepted by the Sacramento Regional Transit District and further subject to the availability of funds in the FVCP 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 FVCP 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 1640 § 1, 2019; SCC 1753, 3/11/2025)
Beginning March 1, 2020, 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 2020 adjustment factor shall be computed by dividing the "mean" index as calculated in subsection A of this section by the "mean" index of the month that the FVCP Fee Program was adopted, and for subsequent years, 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 plan and for calculating credits and reimbursements pursuant to Sections 16.85.190, 16.85.200 and 16.85.210 shall be adjusted using the same adjustment factor pursuant to subsections A, B and C of this section.
(SCC 1640 § 1, 2019)
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 FVCP. 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 FVCP 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, rezoning or other entitlements within the FVCP 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 and Infrastructure 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 Section 65970 et seq.) and implementing ordinances; and County drainage fees (County Water Agency Ordinance No. 1). Any credits or repayments pursuant to Sections 16.85.190, 16.85.200, and 16.85.210 shall not include the funding, construction or dedications described in this section.
B. 
The construction of facilities by a private owner pursuant to Section 16.85.190, 16.85.200 or 16.85.210 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 1640 § 1, 2019)
A. 
This section shall apply to all development projects that participate in SCIP.
B. 
The Development Impact 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 16.85.090 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 Impact 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 16.85.090. 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 1640 § 1, 2019)