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 roadway, bikeway, and walkway
transportation facilities (hereinafter referred to collectively as
transportation facilities) and transit facilities.
B. The
General Plan further requires the preparation of a plan that identifies
a mechanism for financing those transportation facilities necessary
to serve urban development in areas designated for urban expansion.
The General Plan also contains additional policies for use of developer
dedications, development impact fees, and other means to pay for acceptable
levels 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 transportation and transit facilities, the need for which is directly or indirectly generated by the type and level of development proposed in the unincorporated area of the County of Sacramento.
D. It
is further the purpose of this chapter to ensure that the development
projects within infrastructure finance plan areas of the unincorporated
area of the County of Sacramento that pay development impact fees
for transportation and transit facilities are given appropriate credit
for the development impact fees imposed by this chapter.
(SCC 1406 § 2, 2008; SCC
1639 § 2, 2019)
A. "Administration
fees" mean the shares of the SCTDF and TIF that are allocated to fund
the cost of SCTDF/TIF Program administration pursuant to the SCTDF
and TIF schedules.
B. "Affordable
housing unit" means a housing unit: (1) which the Sacramento Housing
and Redevelopment Agency certified as affordable to households whose
income meets the definition of low-income or some lesser included
income level pursuant to any Federal, State, or local affordable housing
statute, regulation, or ordinance, including without limitation, those
related to the use of Federal mortgage revenue bonds, Federal or State
tax credits, which have received California redevelopment housing
fund assistance, or which are subject to the County Affordable Housing
Ordinance; and (2) subject to a recorded affordability restriction
pursuant to such statute, regulation, or ordinance.
C. "Age
restricted" means a residential single-family 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.
D. "Base
conversion demolition account" means an inventory of the number of
dwelling units for residential land use types and floor area in square
feet of buildings for nonresidential land use types demolished from
the grounds of the former Mather and McClellan Air Force Bases pursuant
to base conversion and reuse activities. Such inventories shall be
maintained by the Department for the purpose of fairly and appropriately
apportioning demolition fee credit to the calculation of roadway and
transit fee obligations pursuant to this chapter for construction
of additional dwelling units and additional square feet of buildings
during base conversion and reuse. Once allocated pursuant to this
chapter, credits for dwelling units and floor area of buildings demolished
shall be deducted from the inventory. The initial inventory shall
contain only dwelling units and floor area of buildings demolished
subsequent to the date of base conversion and which dwelling units
or buildings existed at the date of base conversion.
E. "Board"
means the Board of Supervisors of the County of Sacramento.
F. "Building
permit" means the permit issued or required for the construction or
improvement of additional square footage for any nonresidential structure,
for improvement of existing square footage involving a change in use
of a warehouse, or construction of an additional dwelling unit for
any residential structure pursuant to and as defined by the Sacramento
County Building Code.
G. "Canopy"
means a roof-like structure without temporary or permanent walls.
H. "Capitol
Commerce Center demolition account" means an inventory of the floor
area in square feet of buildings for nonresidential land use types
demolished from the grounds of the former Campbell Soup Company factory
site (APN No. 036-0010-008, including any parcels that may be created
from this property in the future).
I. "Car
sales" mean buildings used for the display, sale, or rental of new
or used motor vehicles including incidental maintenance and repair
services located on the same site.
J. "Commercial
Agricultural Building" means a structure for the commercial raising
and/or harvesting of agricultural, horticultural, or livestock uses.
It does not include structures for residential agricultural hobby
uses. Assessment of fees under this category shall be subject to review
by the Director to determine applicability of the fee based on the
trip generation characteristics of the project. Commercial structures
primarily used for warehousing or sales are assessed according to
their respective uses.
K. "Commercial, general" means the category of development for purposes of this chapter comprised of buildings to be constructed or located for commercial uses other than offices as allowed in the GC, LC, AC, TC, SC, or CO land use zones or by use permit as specified in the Sacramento County Zoning Code and not otherwise defined herein. The presumption shall be that all general commercial buildings are located within shopping centers in which the aggregate floor area of buildings as shown on County approved site plans exceeds 175,000 square feet unless the permit applicant demonstrates conclusively that the building is not a part of such a shopping center and is 175,000 square feet or smaller in size. Commercial buildings located in agricultural zones shall be subject to the provisions of Section
16.87.020(K), "Commercial Agricultural Building".
L. "Congregate
care" means a residential facility or portion of a larger phased-living
complex, offering independent living accommodations oriented to the
particular needs of a segment of the population (usually senior citizens)
and including a variety of common facilities, equipment or services
available to the tenants. As a minimum requirement, a congregate care
facility must maintain congregate cooking and dining programs, and
may also offer a variety of congregate recreation, social, transportation,
health maintenance and counseling programs. Congregate care shall
also include a residential care home or residential care facility
which serves six or fewer persons not including the operator or members
of the operator's family or persons employed as facility staff. If
the facility offers only independent cooking facilities in the private
residential units or if common support services are optional, then
the facility is defined as a multifamily use. Also, if the facility
offers extensive skilled nursing services, memory care, or more intensive
medical care as licensed by the State Department of Public Health
for more than 6 people, the facility is then defined as a convalescent
hospital.
M. "Convalescent
hospital" means an institution providing skilled care for the recently
hospitalized patient, or a facility providing skilled nursing care
to persons needing care and attention on a 24-hour basis. Included
within the definition are the following types of facilities:
1. Nursery
or non-ambulatory patients with an intellectual or developmental disability
requiring nursing services;
2. Skilled
nursing care facility;
5. Intermediate
care facility;
6. Short
term respite care facility;
7. Resident
schools for individuals with an intellectual or developmental disability;
8. Treatment
center for emotionally disturbed or mentally ill children;
10. Day treatment centers for persons with mental illness or emotional
disorders;
11. Assisted living facility.
The term "convalescent hospital" shall not include a residential
care home or residential care facility which serves six or fewer persons
not including the operator or members of the operator's family or
persons employed as facility staff.
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N. "Cost"
means amounts spent, or authorized to be spent, in connection with
the planning, financing, acquisition and development of transportation
facilities, including, without limitation, the costs of land, construction
and inspection, engineering, administration, and consulting.
O. "County"
means the County of Sacramento.
P. "CSCDA"
means the California Statewide Communities Development Authority.
Q. "Day
care center" means a facility providing a program for social development,
pre-academic, or group training for children under 18 years of age;
a facility providing care and supervision for children on less than
a 24-hour basis, with or without compensation or on a cooperative
basis. Included within the definition are the following types of facilities:
3. Group
day care facilities;
4. Day
center for individuals with mental disabilities.
R. "Department"
means the County of Sacramento Department of Transportation.
S. "Development
project" means any project undertaken for the purpose of development.
"Development project" includes a project involving the issuance of
a permit for construction or reconstruction, but not a permit to operate.
T. "Development
unit" means the measurement unit used to determine the size of a development
project for purposes of calculating the SCTDF and TIF.
U. "Director"
means the Director of the Sacramento County Department of Transportation.
V. "Dwelling,
Accessory 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.
W. "Dwelling
unit" means one or more rooms in a dwelling, apartment house or apartment
hotel designed for or occupied by persons residing together in a single
household for living or sleeping purposes and having only one kitchen
and separate toilet facilities. A single household means that the
occupants of a dwelling unit have established ties and familiarity
with each other, jointly use common areas, interact with each other,
share meals, household activities, and expenses and responsibilities.
Indications that a household is not operating as single household:
members of the household have separate, private entrances from other
members; members of the household have locks on their bedroom doors;
members of the household have separate food storage facilities, such
as separate refrigerators.
X. "Electric
vehicle charging station" means an independent facility whose primary
purpose is the retail recharging of electric vehicles, functioning
similar to a gas station. An electric vehicle charging station does
not include any commercial, business or governmental establishment
having on the premises a charging station or stations that customers
or employees can utilize while parking at the establishment. Electric
vehicle charging station does not include associated buildings for
convenience market, automobile service, carwash, or restaurant uses
on the same or separate parcels, which are subject to the SCTDF and
TIF as General Commercial uses.
Y. "Estimated
cost" means the cost of constructing a transportation or transit facility
set forth in the SCTDF/TIF Program and may include, but is not limited
to, unit costs and quantities for construction items, right-of-way
costs, and fixed percentages for inspection, materials testing, design
and construction survey, engineering and contingencies.
Z. "Fee
district" means the geographical area used to calculate the SCTDF
and the TIF based on the location of the development project.
AA. "Fee district account" means the accounts previously established pursuant to Section
16.87.030 within the SCTDF Capital Fund for each fee district.
BB. "Fueling
position" means a space in which one vehicle may receive fuel or electrical
charging. The number of fueling positions is equal to the number of
vehicles that can be fueled or electrically charged simultaneously.
CC. "Gas
station" means a retail commercial establishment selling gasoline
and similar motor fuels, including, but not limited to, propane, natural
gas, or hydrogen, to the public on the premises, either as a primary
or secondary use. Gas station does not include an electric vehicle
charging station. A gas station does not include any commercial, business
or governmental establishment having on the premises a gas pump or
pumps from which gasoline or other motor fuels are not sold at retail
to the public on a regular basis. Gas station does not include associated
buildings for convenience market, automobile service, carwash, or
restaurant uses on the same or separate parcels, which are subject
to the SCTDF and TIF as General Commercial uses.
DD. "Golf
course" means a lot or portion of a lot used for playing of golf,
but shall not include miniature golf courses or similar commercial
enterprises.
EE. "High
Cube" means either a Fulfillment Center or Parcel Hub building(s)
with a minimum gross floor area of 200,000 square feet and a minimum
ceiling height of 24 feet. The Fulfillment Center's primary purpose
is the storage and direct distribution of e-commerce product to customers.
These facilities often include multiple mezzanine levels for product
storage and picking. When assessing fees, the mezzanine area shall
not be included in the total square footage of the project area. The
Parcel Hub's primary function is moving a shipment from one mode of
transport to another for a parcel delivery company. Sites often include
truck maintenance, wash, or fueling facilities.
FF. "Hotel/motel"
means a building designed for occupancy as the more or less temporary
place of abode for individuals who are lodged with or without meals,
in which there are six or more guest rooms, and which no provision
is made for cooking in most of the individual rooms or suites provided
that an owner or manager may reside in the hotel in an apartment or
penthouse with cooking facilities. Microwave ovens are not considered
provisions for cooking. Bed and breakfast inn is included in this
category.
GG. "Hotel/motel,
extended stay" means a building designed for occupancy as longer term
(many weeks) temporary place of abode for individuals, in which there
are six or more guest rooms, and which provision is made for cooking
in nearly all the individual rooms or suites. In an apartment hotel
any units intended for long-term (month to years) or permanent residency
shall be considered multifamily residential dwelling units for purposes
of this chapter.
HH. "Improvement
plan" means a site plan of property proposed for development showing
all required improvements that must be approved by the County prior
to the issuance of a building permit for the property.
II. "Industrial,
general" means the category of development comprised of buildings
to be constructed or located for industrial uses allowed in the MP,
M-1, or M-2 land use zones as specified in the Sacramento County Zoning
Code. To qualify for general industrial fees in the GC or other commercial
land use zone, the applicant must demonstrate that the interior building
improvements specific to the allowed manufacturing/processing use
are included in the initial building permit application. Without such
demonstration, the general commercial fee rate will apply to such
a building permit.
JJ. "Mini
warehouse/self-storage" means a building, group of buildings, or designated
spaces consisting of individual, small, self-contained units that
are leased or owned for the storage of business and household goods
or contractor supplies.
KK. "Mobile
home park" means a subdivision of plots designed for siting of mobile
homes. Plots are generally rented or leased to mobile home owners
and include water hookups and sewage disposal for each home. Mobile
home parks typically contain all utilities, streets, parking and amenities
such as swimming pools and clubhouses; they also may be called trailer
parks.
LL. "Multifamily" means
the category of development comprised of two-, three-, or four-family
dwellings, townhouses, rowhouses, individual mobile homes within a
mobile home park, apartments or other multiple-family dwellings including
condominiums as defined in the Sacramento County Zoning Code, to be
constructed or located as allowed in any of the residential-open space
land use zones or by development plan review or conditional use permit
in the BP, SC, LC, or GC land use zones. Multifamily includes residential
dwelling units located in commercial mixed use buildings that are
identified as such in a County-approved site plan for that mixed use
development. Multifamily also includes the residence of a caretaker,
proprietor, manager, or owner of a permitted nonresidential use.
MM. Office,
general" means the category of development comprised of buildings
to be constructed or located for office uses allowed in the MP, BP,
SC, LC, GC, or AC land use zones or by use permit as specified in
the Sacramento County Zoning Code. Within the MP and BP land use zones
the presumption shall be that buildings are intended for general office
use unless approved development plans specify a different use for
purposes of this chapter. Within the SC, LC, GC, or AC land use zones
the presumption shall be that buildings are intended for general commercial
use unless approved development plans specify general office use or
another use category for purposes of this chapter.
NN. "Parking
structure" means a structure used to store automotive vehicles whether
free, for compensation, or as an accommodation for clients or customers
for the purposes of temporary, daily, or overnight off-street parking.
OO. "Private school" means an educational institution other than public that provides kindergarten, elementary or secondary curriculum, and accredited or licensed by the State of California; but excluding profit-making private trade or commercial schools. Due to variability among private colleges and universities, their land use determinations will be made pursuant to Section
16.87.110(G) for purposes of this chapter.
PP. "Religious
center" means a permanently located building commonly used for religious
worship and associated activities. Other uses maintained by religious
organizations, such as full-time day care, educational institutions,
hospitals, and other potentially related operations are assessed according
to their respective uses.
QQ. "Sacramento County Transportation Development Fee" or "SCTDF" means that fee established by Section
16.87.050. The SCTDF is a monetary exaction, other than a tax or special assessment, which is charged by the Department to the building permit applicant in connection with approval and issuance of building permits for a development project for the purpose of defraying all or a portion of the cost of roadway, bikeway, walkway, and other transportation facilities (collectively referred to herein as transportation facilities) related to the development project, including program administration costs.
RR. "SCIP"
means the Statewide Community Infrastructure Program of the CSCDA.
SS. "SCTDF Administration Fund" means that special interest-bearing trust fund established pursuant to Section
16.87.040.
TT. "SCTDF Capital Fund" means that special interest-bearing trust fund established pursuant to Section
16.87.030.
UU. "SCTDF/TIF
Program" means the most current documentation adopted by resolution
by the Board including, but not limited to: (1) SCTDF and TIF justification
reports or nexus studies that document the findings necessary for
adoption by the Board of the SCTDF and TIF; (2) SCTDF and TIF schedules,
including schedules of land use types and dwelling unit equivalents;
and (3) description of the transportation and transit facilities to
be funded by the SCTDF and TIF, respectively, collected pursuant to
this chapter.
VV. "Single-family" means
the category of development comprised of detached single-family dwellings
including primary residence mobile homes not within a mobile home
park, as defined in the Sacramento County Zoning Code, to be constructed
or located as allowed in any of the residential open space land use
zones as specified in the Zoning Code, including those in conjunction
with the mobile home park combining land use zone, or by use permit
in the BP, LC, or CO land use zones as specified in the Zoning Code.
WW. "TIF Capital Fund" means that special interest-bearing trust fund established pursuant to Section
16.87.045.
XX. "Transit
facilities" mean public buses, public ridesharing vehicles, public
rolling stock, bus and light rail infrastructure, including, but not
limited to, stop facilities, stations, maintenance facilities, intelligent
transportation systems, queue jumps, or similar mass transit facility
improvements as defined in the SCTDF/TIF Program to be funded by the
SCTDF/TIF Program.
YY. "Transit Impact Fee" or "TIF" means that fee established by Section
16.87.055. The TIF is a monetary exaction, other than a tax or special assessment, which is charged by the Department to the building permit applicant in connection with approval and issuance of building permits for a development project for the purpose of defraying all or a portion of the cost of transit facilities related to the development project, including administration costs. TIF revenues may be transferred by the Department to the Sacramento Regional Transit District, which uses said revenues for transit-related improvements.
ZZ. "Transportation
facilities" mean public roadway, bikeway, walkway, or other transportation
facilities as defined in the SCTDF/TIF Program to be funded by the
SCTDF/TIF Program.
AAA. "Unincorporated area" means all that property located within the
unincorporated territory of Sacramento County.
BBB. "Warehouse" means buildings devoted to storage and warehouse uses
as specified in the Sacramento County Zoning Code. When assessing
fees, mezzanine areas shall not be included in the total square footage
of the project area. Subsequent tenant improvement building permits
that result in a change in use from warehouse to general office, general
commercial, or general industrial uses for purposes of this chapter
shall be subject to payment of the SCTDF and TIF applicable to that
use less the fee amount previously paid for warehouse.
(SCC 1406 § 2, 2008; SCC
1498 § 1, 2011; SCC 1603 § 1,
2016; SCC 1616 § 38, 2017; SCC 1639 § 3, 2019; SCC 1661 § 11,
2020)
A. The special interest-bearing trust fund, formerly known as the Sacramento Roadway Fund that was established by the County Auditor-Controller in the County Treasury pursuant to former Section 16.87.030 and consisting of fee district accounts for each fee district established pursuant to Section
16.87.060, is hereby renamed the SCTDF Capital Fund and is hereby re-structured to be comprised of a single account covering all fee districts established pursuant to Section
16.87.060.
B. All SCTDF revenues collected pursuant to this chapter, except the administration fee revenues listed in the SCTDF/TIF Program, shall be deposited in the SCTDF Capital Fund and shall be expended by the Department or its successor department solely to pay the costs of transportation facilities identified in the SCTDF/TIF Program as provided in Section
16.87.090.
C. The
SCTDF Capital Fund shall be administered by the Director.
(SCC 1406 § 2, 2008; SCC
1639 § 4, 2019)
A. The
special interest-bearing trust fund, formerly known as the SCTDF Administration
Fund that was established by the County Auditor-Controller in the
County Treasury pursuant to former Section 16.87.040, is hereby renamed
the SCTDF/TIF Administration Fund as is re-structured to be comprised
of those shares of the SCTDF and the TIF allocated to pay for administration
of the SCTDF/TIF Program.
B. Administration
fee revenues from SCTDF and TIF revenues collected pursuant to this
chapter shall be deposited in the SCTDF/TIF Administration Fund, and
shall be expended by the Department or its successor Department solely
to pay the costs associated with administration of the SCTDF/TIF Program.
C. The
SCTDF/TIF Administration Fund shall be administered by the Director.
(SCC 1406 § 2, 2008; SCC
1639 § 5, 2019)
A. There
is hereby established by the Department of Finance in the County Treasury
a special interest-bearing fund entitled the TIF Capital Fund or other
appropriate accounting mechanism. All TIF revenues collected pursuant
to this chapter, except the administration fee revenues listed in
the SCTDF/TIF Program, shall be deposited in the TIF Capital Fund.
B. All TIF revenues in the TIF Capital Fund shall be expended by the Department or its successor Department, or by the Sacramento Regional Transit District or its successor agency pursuant to an agreement with the County, solely to pay the costs of transit facilities identified in the SCTDF/TIF Program as provided in Section
16.87.090.
(SCC 1639 § 6, 2019)
The Sacramento County Transportation Development Fee (SCTDF)
is hereby established to fund: (1) transportation facilities such
as roadways including shoulder and intersection improvements, bikeways,
and walkways; and (2) program administration.
(SCC 1406 § 2, 2008; SCC
1639 § 7, 2019)
The Transit Impact Fee (TIF) is hereby established to fund:
(1) transit facilities and transit-related improvements; and (2) program
administration.
(SCC 1639 § 8, 2019)
Six fee districts are hereby created in the unincorporated area
as shown in Figure 1 and in a geographical information system file
on file with the Department. The SCTDF and the TIF will be collected
from development projects within the fee districts pursuant to this
chapter.
See Figure 1, "Fee Districts SCTDF/TIF Program."
Figure 1 Fee Districts SCTDF/TIF Program
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(SCC 1406 § 2, 2008; SCC
1639 § 9, 2019)
No Building Permit shall be approved for a development project
within the unincorporated area unless the SCTDF and TIF for that property
are paid as required by this chapter.
(SCC 1406 § 2, 2008; SCC
1639 § 10, 2019)
A. The SCTDF and TIF imposed pursuant to this chapter shall be paid by the owner of the property where the development project is located to the County, in an amount calculated pursuant to Section
16.87.110. The SCTDF and TIF shall be calculated at the time of approval of subdivision maps and shall be paid at issuance of Building Permits. For projects that are subject to Building Permits, but not subdivision map approval, the SCTDF and TIF shall be both calculated and paid at issuance of the Building Permits. In addition, for projects that participate in SCIP, Section
16.87.200 shall apply.
B. Notwithstanding subsection
A of this section, upon application by the property owner or his or her authorized agent, the Director may enter into a deferral agreement authorizing deferral of the SCTDF and TIF payment if all of the following criteria are met:
1. The
development project for which the SCTDF and TIF are required to be
paid involves one or more existing buildings or structures which are
entirely or partially vacant and are within a Commercial Corridor
as designated in the latest General Plan;
2. The
existing building or structure will not be demolished, removed, remodeled,
added on to, reconstructed, extended, or otherwise improved as part
of the development project; and
3. The
Director is satisfied that the development project will not generate
additional trips or otherwise result in additional traffic impacts
to existing transportation and transit facilities beyond those that
would be generated by the existing buildings or structures given the
property's current approved land uses and/or zoning designations.
Such determination shall be based on the level of vacancy of the existing
buildings or structures or as evidenced by analysis submitted by the
applicant and agreed to by the Director.
If so authorized, the SCTDF and TIF shall be calculated pursuant to Section
16.87.110 at the time a building permit, use permit, special development permit, variance, or other permit or entitlement for further development (including rezones and other entitlements for new or expanded land uses) of the property is approved by the County. The deferral agreement shall include, at a minimum, the following provisions:
a. The time and manner in which the SCTDF and TIF shall be calculated.
b. The time and manner in which the SCTDF and TIF payments are to be
made and/or credits applied against the SCTDF and TIF as a result
of the County-approved demolition or removal of any existing buildings
or structures.
c. A requirement that applicant monitor and report to the Director any
changes occurring on the property that would affect the number of
trips generated or traffic impacts to existing transportation and
transit facilities. These changes may include, but are not limited
to, changes in the use, occupancy, or physical characteristics of
existing buildings or structures, or in the approved land uses, zoning
designations, size, or buildable area of the underlying property.
(SCC 1406 § 2, 2008; SCC
1616 § 39, 2017; SCC 1639 § 11,
2019; SCC 1671 § 1, 2021)
A. The
Board shall by resolution adopt the SCTDF/TIF Program. The Board shall
review the SCTDF/TIF Program and may amend it by resolution at its
discretion. The SCTDF/TIF Program may be incorporated into other capital
improvement planning and budgeting documents adopted by the Board.
B. With the exception of transportation facilities and transit facilities approved by the Director for construction by a property owner pursuant to Sections
16.87.120,
16.87.125,
16.87.130 and
16.87.135, all transportation and transit facilities shall be funded in accordance with the schedule established in the SCTDF/TIF Program.
(SCC 1406 § 2, 2008; SCC
1639 § 12, 2019)
The land uses and Development Units utilized to calculate the
SCTDF and the TIF shall be as stated in the most recent SCTDF and
TIF schedules adopted by the Board.
(SCC 1406 § 2, 2008; SCC
1639 § 13, 2019)
A. For development projects for which dwelling units are utilized to calculate applicable fee amounts, the SCTDF set forth in Section
16.87.080 shall be calculated pursuant to the following formula:
Total Fee = Fee per Unit x Additional Dwelling Units
Where:
Total Fee = Total SCTDF to be paid by the owner of property where the development project is located for which the permits described in Section
16.87.070 are proposed for approval; and
Fee per Unit = SCTDF per dwelling unit applicable to the development
project's land use and fee district; and
Additional Dwelling Units = Net increase in the number of dwelling
units (as defined in the Sacramento County Zoning Code) on a parcel
of real property.
Additional dwelling units equals the number of new dwelling
units proposed to be constructed, improved or remodeled on, or relocated
to the parcel of real property by issuance of a Building Permit (or
improvement plans for a mobile home park), less the number of dwelling
units:
1. Legally
removed from the same parcel of real property during the four years
preceding the owner's filing for the Building Permit by authorized
demolition or relocation to another parcel, accidental destruction
or natural disaster;
2. Allocated
from a base conversion demolition account; or
3. Authorized
to be removed prior to or during the construction for which the Building
Permit is requested.
In special, hardship cases, an appeal may be lodged in writing
to the Director for a 12 month extension beyond and consecutive with
the four-year demolition/relocation limit set forth above. This extension
may be granted only in cases of extreme hardship. No extensions shall
be granted beyond the additional 12 months.
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Where an existing single-family residential unit is increased
in size by more than 1,000 square feet of habitable space and such
increase places the residential unit within a higher fee category
as described in the applicable SCTDF schedule, the SCTDF shall be
calculated as the difference between the fee for the new size and
the fee for the unit's current size. Additions to the habitable space
not exceeding 1,000 square feet shall be exempt from the SCTDF.
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Permits for alterations or repairs shall be exempt from this
chapter unless the work authorized will result in an increase exceeding
1,000 square feet of habitable space or an increase in the number
of dwelling units on a parcel of real property.
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The single-family residential rates for properties located outside
the Urban Services Boundary with a land use zone corresponding to
a density of one unit per five acres or lesser density shall be capped
at the comparable District 5 single-family residential rate.
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B. For development projects for which building square footage is utilized to calculate applicable fee amounts, the SCTDF set forth in Section
16.87.080 shall be calculated pursuant to the following formula:
Total Fee = Fee per Unit x Additional Building Square Feet
Where:
Total Fee = Total SCTDF to be paid by the owner of property where the development project is located for which the permits described in Section
16.87.070 are proposed for approval; and
Fee per Unit = SCTDF per building square feet applicable to
the development project's land use and fee district; and
Additional Building Square Feet = Net increase in square feet
of building floor area (as both terms are defined in the California
Building Code as adopted by the County of Sacramento), on a parcel
of real property.
For canopies over a new trip generating use (i.e., dining, warehousing),
the fee per unit shall be 33% of the otherwise applicable land use
fee per unit, unless determined otherwise by the Director.
Additional building square feet equals the number of new building
square feet, proposed to be constructed, improved or remodeled on,
or relocated to the parcel of real property by issuance of a Building
Permit, less the number of building square feet:
1. Legally
removed from the same parcel of real property during the four years
preceding the owner's filing for the Building Permit by authorized
demolition or relocation to another parcel, accidental destruction
or natural disaster. For purposes of this subsection (B)(1), a common
owner of two or more proximately located parcels that are part of
a common development plan may, upon the approval of the Director,
apply unrealized or unused credit from the demolition, relocation,
accidental destruction or destruction by natural disaster of building
square footage on one parcel to another proximately located parcel
or parcels that are part of a common development plan within the four-year
time frame established in this subsection. "Proximately located" refers
to two or more parcels located within one-quarter mile of each other;
2. Allocated
from a base conversion demolition account;
3. Authorized
to be removed prior to or during the construction for which the Building
Permit is requested;
4. Of
the deferred demolition, for cases in which maintaining continuous
employment for nonresidential land use types requires that demolition
be deferred until after construction of the additional floor area
of buildings; or
5. Allocated
from the Capitol Commerce Center demolition account inventory. The
Capitol Commerce Center demolition account inventory shall be maintained
by the County for the purpose of fairly and appropriately apportioning
demolition fee credit to the calculation of roadway and transit fee
obligations pursuant to this chapter for construction of additional
square feet of buildings during redevelopment of the site. Once allocated
pursuant to this chapter, credits for floor area of buildings demolished
shall be deducted from the inventory. The demolition account inventory
shall contain only floor area of buildings which were in existence
as of December 15, 2014 and demolished after the effective date of
the ordinance adding this provision. Credit shall be available for
a term of 15 years from the date of issuance of each permit authorizing
demolition of floor area within the demolition account inventory.
Demolition credit for up to 260,000 square feet of the demolition
account inventory shall be available for an additional term of 10
years. The County may enter into a memorandum of understanding, approved
by the Community Development Director, which sets forth the responsibilities
and procedures for the continued administration of the Capitol Commerce
Center Account.
In special, hardship cases, an appeal may be lodged in writing
to the Director for a 12 month extension beyond and consecutive with
the demolition/relocation limit set forth above. This extension may
be granted only in cases of extreme hardship. No extensions shall
be granted beyond the additional 12 months.
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Permits for alterations or repairs shall be exempt from this
chapter if the work authorized does not result in an increase in floor
area of buildings on a parcel of real property.
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C. For development projects for which the number of fueling positions is utilized to calculate applicable fee amounts, the SCTDF set forth in Section
16.87.080 shall be calculated pursuant to the following formula:
Total Fee = Fee per Unit x Additional Fueling Position
Where:
Total Fee = Total SCTDF to be paid by the owner of property where the development project is located for which the permits described in Section
16.87.070 are proposed for approval; and
Fee per Unit = SCTDF per fueling position applicable to the
development project's land use and fee district; and
Additional Fueling positions = Number of fuel positions in the
development project not including fuel positions that would replace
fuel positions to be demolished on the property as part of the development
project.
D. For development projects for which the number of rooms (such as hotels/motels) is utilized to calculate applicable fee amounts, the SCTDF set forth in Section
16.87.080 shall be calculated pursuant to the following formula:
Total Fee = Fee per Unit x Additional Rooms
Where:
Total Fee = Total SCTDF to be paid by the owner of property where the development project is located for which the permits described in Section
16.87.070 are proposed for approval; and
Fee per Unit = SCTDF per room applicable to the development
project's land use and fee district; and
Additional Rooms = Number of rooms for lodging purposes in the
development project not including rooms that would replace rooms to
be demolished on the property as part of the development project.
E. For development projects that include a golf course, the SCTDF set forth in Section
16.87.080 shall be calculated pursuant to the following formula:
Total Fee = Fee per Unit x Additional Holes
Where:
Total Fee = Total SCTDF to be paid by the owner of property where the development project is located for which the permits described in Section
16.87.070 are proposed for approval; and
Fee per Unit = SCTDF per hole applicable to the development
project's land use and fee district; and
Additional Holes = Number of holes for golf course play in the
development project not including holes that would replace holes to
be demolished on the property as part of the development project.
F. For the purpose of calculating the SCTDF pursuant to subsections
A through
E of this section, for properties with an approved use permit which significantly changes the underlying use of the site, the Director may determine which land use corresponds most directly to the transportation impacts of the development project.
G. For the purpose of calculating the SCTDF pursuant to subsections
A through
E of this section, for Building Permits for land use categories not included in this chapter, the Director is hereby authorized to determine the land use which corresponds most directly to the transportation impacts of the development project.
H. The TIF shall be calculated in the same manner the SCTDF described in subsections
A through
G of this section is calculated. For purposes of calculating the TIF, all references in subsections
A through
G in this section to "SCTDF" shall be to "TIF" and all references to "transportation impacts" shall be to "transit impacts."
(SCC 1406 § 2, 2008; SCC
1479 § 1, 2011; SCC 1575 § 1,
2014; SCC 1603 § 2, 2016; SCC 1639 § 14, 2019)
For development projects that include residential land use for
affordable housing, the SCTDF and TIF land use fee rate shall be 32%
of the equivalent non-affordable housing residential dwelling unit
rate. However, the share of the SCTDF and TIF allocated to fund the
cost of program administration shall not be reduced.
(SCC 1406 § 2, 2008; SCC
1639 § 15, 2019)
The SCTDF and TIF schedules applicable to development projects in designated infrastructure financing districts located within any fee district shall be discounted and distinguished from the rate schedules utilized for other development projects located in that fee district, as specified in the SCTDF/TIF Program. The infrastructure financing districts so designated shall include Antelope pursuant to Chapter
16.80, North Vineyard Station pursuant to Chapter
16.81, Vineyard pursuant to Chapter
16.83, and Mather pursuant to Chapter
16.84 of this Code, and all other infrastructure financing districts as may be established and so designated by the Board.
(SCC 1639 § 17, 2019)
A. Upon application by the property owner or authorized agent, the Director may authorize the construction of any transportation facilities, or portions thereof, in lieu of all, or a portion of, the SCTDF required by Section
16.87.080. If so authorized, the credit for such in lieu construction to be provided to the property owner shall be equal to the estimated SCTDF share of cost of the transportation facility as set forth in the SCTDF/TIF Program in effect at the time when the credit agreement is approved, including, but not limited to, unit prices, quantities and project descriptions. The construction of any transportation facility authorized by this section must be accepted by the County, or the property owner must post security for the complete performance of the construction in a form acceptable to the Director and the County Counsel, prior to credit being given and issuance of any of the approvals set forth in Section
16.87.070.
B. Where the amount of the credit is less than the amount of the otherwise applicable SCTDF, the property owner must pay the difference as set forth in Section
16.87.080.
C. Where the amount of the credit is greater than the amount of the otherwise applicable SCTDF, the property owner shall be paid the difference only from the SCTDF Capital Fund when SCTDF funds are available after the project is accepted by the County pursuant to this section. The Director may enter into a reimbursement agreement with the property owner pursuant to Section
16.87.130 for the purpose of this subsection.
D. A property
owner may not receive credit pursuant to this section for right-of-way
included in the SCTDF/TIF Program unless the associated transportation
facilities included in the SCTDF/TIF Program are constructed concurrent
with dedication of the right-of-way.
(SCC 1406 § 2, 2008; SCC
1639 § 18, 2019)
A. Upon application by the property owner or his or her authorized agent, the Director, in consultation with the General Manager/CEO of the Sacramento Regional Transit District or his/her designee, may authorize the construction of any transit facilities, or portions thereof, at the time and as designated in the SCTDF/TIF Program in lieu of all, or a portion of, the TIF required by Section
16.87.080. If so authorized, the credit to be provided to the property owner shall be equal to the estimated TIF share of cost of the facility as set forth in the SCTDF/TIF Program in effect at the time when the credit agreement is approved, including, but not limited to, unit prices, quantities and project descriptions. The construction of any transit facility authorized by this section must first be accepted by the County and the Sacramento Regional Transit District, or the property owner must post security for the complete performance of the construction in a form acceptable to the Director, the General Manager/CEO of the Sacramento Regional Transit District, and the County Counsel, prior to credit being given and issuance of any of the approvals set forth in Section
16.87.080.
B. Where the amount of the credit is less than the amount of the otherwise applicable TIF, the property owner must pay the difference as set forth in Section
16.87.080.
C. Where the amount of the credit is greater than the amount of the TIF, the property owner shall be paid the difference only from the TIF Capital Fund when TIF funds are available after the project is accepted by the County and the Sacramento Regional Transit District pursuant to this section. The Director may enter into a reimbursement agreement with the property owner pursuant to Section
16.87.130 for the purpose of this subsection.
D. If
the Director and a property owner agree, the property owner may receive
a credit against the TIF in an amount not to exceed the value of property
conveyed to the provider, as determined by the County.
(SCC 1639 § 19, 2019)
A. Upon application by the property owner or authorized agent, the Director may enter into a reimbursement agreement authorizing the construction of any transportation facilities, or portions thereof, designated in the SCTDF/TIF Program. The agreement shall set forth the amount to be reimbursed, the time and manner in which payments are to be made including interest if any, and shall require reimbursement only from the applicable SCTDF Capital Fund and/or the fund established through SCIP, as applicable. The construction of any transportation facility authorized by this section must be accepted by the County, or the property owner must post security for the complete performance of the construction in a form acceptable to the Director and the County Counsel, prior to issuance of any of the approvals set forth in Section
16.87.070.
B. The
amount of reimbursement shall be the estimated SCTDF share of cost
of the transportation facility as set forth in the SCTDF/TIF Program
in effect at the time the contract is awarded for that specific transportation
facility.
C. By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the SCTDF pursuant to Section
16.87.080.
D. If the Director enters into an agreement authorized by subsection
A of this section, or credit agreement as authorized by Section
16.87.120, 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 SCTDF Capital Fund and/or the fund established through SCIP, if applicable.
E. Property
owner or authorized agent shall apply for reimbursement as set forth
in this section no later than four years after: (1) the transportation
facility is provided and accepted; or (2) the effective date of the
ordinance codified in this chapter; whichever date is later. 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.
F. A property
owner may not receive reimbursement pursuant to this section for right-of-way
included in the SCTDF/TIF Program unless the associated transportation
facilities included in the SCTDF/TIF Program are constructed concurrent
with dedication of the right-of-way.
(SCC 1406 § 2, 2008; SCC
1616 § 40, 2017; SCC 1639 § 20,
2019)
A. Upon application by the property owner or authorized agent, the Director, in consultation with the General Manager/CEO of the Sacramento Regional Transit District or his/her designee, may enter into a reimbursement agreement authorizing the construction of any transit facilities, or portions thereof, designated in the SCTDF/TIF Program. The agreement shall set forth the amount to be reimbursed, the time and manner in which payments are to be made including interest if any, and shall require reimbursement only from the applicable TIF Capital Fund. The construction of any transit facility authorized by this section must be accepted by the County and the Sacramento Regional Transit District, or the property owner must post security for the complete performance of the construction in a form acceptable to the Director and the County Counsel, prior to issuance of any of the approvals set forth in Section
16.87.070.
B. The
amount of reimbursement shall be the estimated TIF share of cost of
the transit facility as set forth in the SCTDF/TIF Program in effect
at the time the contract is awarded for that specific transit facility.
C. By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the TIF pursuant to Section
16.87.080.
D. If the Director enters into an agreement authorized by subsection
A of this section, or credit agreement as authorized by Section
16.87.125, 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 TIF Capital.
E. Property
owner or authorized agent shall apply for reimbursement as set forth
in this section no later than four years after: (1) the transit facility
is provided and accepted; or (2) the effective date of the ordinance
codified in this chapter; whichever date is later. 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.
F. A property
owner may not receive reimbursement pursuant to this section for right-of-way
included in the SCTDF/TIF Program unless the associated transit facilities
included in the SCTDF/TIF Program are constructed concurrent with
dedication of the right-of-way.
(SCC 1639 § 21, 2019)
A. Beginning
each year on March 31st, or as soon as possible thereafter, the Director
shall authorize the adjustment of the SCTDF per development unit for
each land use and fee district as follows:
1. A
mean index will be computed by averaging the annual California Department
of Transportation highway construction cost index for the three years
prior to the year in which the calculation is being made.
2. The SCTDF for each land use and fee district shall be adjusted by the percentage change in the mean index calculated pursuant to subsection
(B) of this section from the mean index for the prior year.
B. The estimated cost of the transportation facilities in the SCTDF/TIF Program shall be adjusted annually using the percentage as the SCTDF pursuant to subsections
A and
B of this section, as applicable.
C. The TIF shall be annually adjusted in the same manner as the SCTDF described in subsections
A through
C of this section. For purposes of adjusting the TIF, all references to "SCTDF" in subsections
A through
C of this section shall be to "TIF" and all references to "transportation facilities" shall be to "transit facilities."
(SCC 1406 § 2, 2008; SCC
1639 § 22, 2019)
In the event a Building Permit for construction, improvement
or remodeling expires pursuant to the County Building Code, a claim
for refund of the SCTDF or the TIF, or both, may be filed by the applicant
or designee who paid the SCTDF or the TIF with the Director. Such
a claim may be granted, whereupon some, or all, of the amount previously
paid shall be refunded to that applicant or his or her written designee,
less any administration fee costs that were encumbered. Such a refund
shall not be paid until the Department verifies that the Building
Permit is void.
(SCC 1406 § 2, 2008; SCC
1639 § 23, 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 to do so, and such Building Permit may be issued only
if the SCTDF and TIF required by this chapter are paid. In the event
a Building Permit, whether issued before or after the effective date
of the ordinance codified in this chapter, is sought to be renewed
pursuant to the County Building and Construction Code, such permit
may be renewed only if any increase in the SCTDF and the TIF in effect
on the date of issuance of the renewed permits are paid.
(SCC 1406 § 2, 2008; SCC
1639 § 24, 2019)
The following are exempt from the requirements of this chapter:
A. Activities
not requiring a Building Permit (except for mobile home parks, which
shall be required to comply with the requirements of this chapter
before improvement plans are approved).
B. In
cases of extreme hardship, duly established by the applicant presenting
substantial evidence to the satisfaction of the Board that the payment
of the SCTDF or the TIF, or both, would deprive the owner of rights
guaranteed by the Federal or State Constitution, the Board, acting
in its legislative capacity, and by resolution, shall grant an exemption
from any or all of the provisions of this chapter.
C. The
issuance of Building Permits for parking structures.
D. The
issuance of Building Permits for structures not exceeding 1,000 square
feet of additional floor area determined by the Director to be suitable
solely for specific uses that will generate no increase in traffic
or transit ridership.
E. The
issuance of Building Permits for agricultural structures determined
by the Director to be suitable solely for specific uses that will
generate nominal or no increase in traffic or transit ridership.
F. The issuance of Building Permits for canopies over uses that do not generate new trips; see Section
16.87.110 for canopies over new trip generating uses.
G. The
issuance of Building Permits for electric vehicle charging stations.
H. The
issuance of Building Permits for 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 SCTDF and TIF shall be
charged in an amount which is the lesser of:
1. A
proportionate amount in relation to the square footage of the primary
dwelling unit based upon SCTDF or TIF amount that the primary dwelling
unit would pay; or
2. The amount calculated pursuant to Section
16.87.110.
I. The
issuance of Building Permits for temporary structures with a duration
of two years or less.
(SCC 1406 § 2, 2008; SCC
1639 § 25, 2019; SCC 1661 § 12,
2020; SCC 1671 § 2, 2021)
A property may file an appeal of the SCTDF or TIF obligation, or both, determined pursuant to Section
16.87.080. The property owner may request in writing an initial review of the SCTDF or TIF determinations by the Director. Should this review not satisfy the property owner, the property owner may file an appeal for a hearing with the Clerk of the Board of Supervisors, acting as the Secretary of the Planning Commission, within 10 days of the date the property owner is notified in writing of the Director's review of the SCTDF or TIF determination. Such an appeal shall be heard by the County Planning Commission, acting as the Board of Zoning Appeals, which may grant or deny the appeal. The appeal shall be applied for in the manner prescribed in, and be considered by the Board of Zoning Appeals at a noticed public hearing governed by, the Sacramento County Zoning Code.
(SCC 1406 § 2, 2008; SCC
1639 § 26, 2019)
A. This chapter is intended to establish a supplemental method for funding the cost of certain transportation and transit facilities the need for which will be generated by the level and type of development in the unincorporated area. The provisions of this chapter shall not be construed to limit the power of the Board to impose any other transportation-related or transit-related fees or exactions or to continue to impose existing ones, on development within the unincorporated 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 unincorporated area pursuant to State and local laws. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public transportation facilities and other exactions required by, but not limited to: (1) the Sacramento County 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 Department Ordinance No. 1). Any credits or repayments pursuant to Sections
16.87.120 and
16.87.130 shall not include the funding, construction or dedications described in this section.
B. The construction of transportation facilities pursuant to Sections
16.87.120 and
16.87.130, and of transit facilities pursuant to Section 16.87.121, shall be performed and contracted for only as required by law, including but not limited to, compliance with the County's improvement standards (and standards issued by the Sacramento Regional Transit District, if applicable), and requirements for public works.
(SCC 1406 § 2, 2008; SCC
1639 § 27, 2019)
A. This
section shall apply to all development projects that participate in
SCIP.
B. The
SCTDF, excluding the share allocated to fund administration of the
SCTDF/TIF Program may be paid and financed pursuant to SCIP. The TIF
may not 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 SCTDF funds established pursuant to Sections
16.87.030,
16.87.040, and
16.87.050.
D. Under the Fee Reimbursement Program, property owners that have paid the SCTDF pursuant to Section
16.87.080 shall be reimbursed using proceeds from bonds issued by CSCDA. The SCTDF 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, the SCTDF is 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
16.87.080. The SCTDF 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 SCTDF financed through the Fee Prefunding Program shall be deducted from the property owner's SCTDF payment obligations as calculated pursuant to this chapter. Any increases or adjustments in the SCTDF shall be calculated and collected as provided in this chapter, less any amounts paid pursuant to SCIP.
(SCC 1616 § 41, 2017; SCC 1639 § 28, 2019)