This chapter shall be known and cited as the "Deferral or Certain
Impact Fees for Nonresidential Projects."
(SCC 1399 § 1, 2008; SCC
1673 § 1, 2021)
The Board of Supervisors of the County of Sacramento desires
to stimulate and encourage all aspects of economic development within
the County, particularly such development that will result in long-term
commitments to the County of Sacramento which will create jobs and
provide economic stimuli for the benefit of all of the County's residents.
The Board of Supervisors finds that the early payment of certain impact
fees for nonresidential development creates a barrier to such development
and desires, by the adoption of the ordinance codified in this chapter,
to ease such barrier by deferring the time for payment of certain
fees.
(SCC 0980 § 1, 1995; SCC
1017 § 2, 1996)
Notwithstanding any other provision of this Code, upon application and approval of security pursuant to Section 16.95.030 and entering of a deferral agreement pursuant to Section 16.95.040 of this chapter, the following fees shall be paid and collected pursuant to the provisions of this chapter:
B.
North Vineyard Station Specific Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.81;
C.
Vineyard Public Facilities Financing Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.83;
D.
Mather Field Public Facilities Financing Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.84;
E.
Florin Vineyard Community Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.85;
F.
Metro Air Park Special Planning Area fees (excluding the administrative component) imposed pursuant to Chapter 16.86;
H.
Park Facilities fees within Arcade Creek, Carmichael, Fair Oaks, Mission Oaks, North Highlands, Orangevale, Rio Linda Elverta and Sunrise Recreation and Park Districts imposed pursuant to Chapter 16.155;
(SCC 0980 § 1, 1995; SCC
1017 § 2, 1996; SCC 1164 § 1,
2000; SCC 1399 § 2, 2008; SCC 1673 § 2, 2021)
A.
At
the time of application, the applicant shall pay 20% of the amount
of fees which would otherwise be payable at the time of issuance of
building permits. The applicant shall also, at such time, provide
security for the payment of those fees to be deferred. Such security
shall be subject to the approval of the Administrator of the Municipal
Services Agency or designee and shall, subject to such approval, consist
of one or more of the following:
B.
All
of the following requirements must be satisfied prior to approval
of a fee deferral:
1.
Submittal
to the Municipal Services Agency of a complete application including
a preliminary title report;
3.
Recordation
of a lien against the property or acceptance by the County of other
security provided under subsection (a); and
4.
If
security is a lien against the property, recordation of a deferral
agreement and deed of trust.
C.
The application shall state the time for which fees are requested to be deferred. Fees may be deferred pursuant to this chapter to issuance of a certificate of occupancy; to close of escrow; or, for not less than one nor more than five years. Provided, however, that Mather Field Public Facilities Financing Plan Area fees imposed pursuant to Chapter 16.84 may be deferred no longer than one year. If fees are to be deferred to issuance of a certificate of occupancy or to close of escrow, the deferral agreement required by Section 16.95.040 shall include a provision requiring payment at such times or at a time certain, whichever occurs first.
(SCC 1399 § 3, 2008; SCC
1673 § 3, 2021)
Upon approval of an application, the Applicant shall enter into
a deferral agreement with the County in a form satisfactory to the
Administrator of the Municipal Services Agency and approved by the
County Counsel. Such agreement shall, at a minimum, be site specific
and provide for the enforcement of the provisions of this chapter.
A single agreement shall be entered for each project whether or not
the Applicant is the same for multiple projects. Authority to execute
such agreements on behalf of the County is hereby delegated to the
Administrator of the Municipal Services Agency.
(SCC 0980 § 1, 1995; SCC
1017 § 2, 1996; SCC 1399 § 4,
2008)
Upon approval of an application for fee deferral, deposit of approved security and execution of a deferral agreement, fees to be deferred pursuant to this chapter shall be payable and collected in the manner as set forth in the application and deferral agreement. If not paid within the time required, the County shall enforce the security provided pursuant to Section 16.95.030.
(SCC 0980 § 1, 1995; SCC
1017 § 2, 1996; SCC 1673 § 4,
2021)
A.
Unless waived as provided in subsection B of this section, interest shall be charged on all amounts deferred pursuant to this chapter in an amount equal to the annual rate of interest earned by the Treasurer of the County of Sacramento on the investment of pooled funds.
B.
If
the Applicant is a targeted company, or agent for a targeted company,
interest on amounts deferred shall be waived. A targeted company is
a company which can demonstrate that it will bring to the unincorporated
area of the County of Sacramento 50 or more full-time jobs each paying
over $25,000 per year. The County Executive, or his designee, is hereby
vested with the authority to determine whether an Applicant is a targeted
company or is an agent for a targeted company.
(SCC 0980 § 1, 1995; SCC
1017 § 2, 1996; SCC 1399 § 5,
2008)
A non-refundable fee deferral application fee of $2,515.00 is
hereby established and shall be paid at the time of application for
a fee deferral pursuant to this chapter for the purpose of funding
the costs of administering the fee deferral program established by
this chapter. This fee may from time to time be revised by resolution
of the Board of Supervisors to recover costs of administering the
program.
(SCC 0980 § 1, 1995; SCC
1017 § 2, 1996; SCC 1399 § 6,
2008)
