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;
3. 
Nursing home;
4. 
Convalescent home;
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;
9. 
Group care facility;
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.
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:
1. 
Day nursery;
2. 
Nursery schools;
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."
V2--Image-5.tif
Figure 1 Fee Districts SCTDF/TIF Program
(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.
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.
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.
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.
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.
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.
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)