This chapter shall be known and cited as the "Deferral of Certain Impact Fees for Residential Projects."
(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 9, 2008)
The Board of Supervisors of the County of Sacramento desires to encourage the construction of residential developments in the County of Sacramento. The Board of Supervisors finds that the early payment of certain impact fees for residential development creates a barrier to such development and desires, by the adoption of this chapter, to ease such barrier by deferring the time for payment of certain fees.
(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998)
Notwithstanding any other provision of this Code, upon application and approval pursuant to Section 16.120.050 of this chapter, a qualified residential project shall pay the applicable fees and the following fees shall be 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 Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.83;
d.
Florin Vineyard Community Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.85;
e.
Fire Facilities fees (excluding the administrative component) imposed pursuant to Chapter 16.150;
f.
Park Facilities fees within Arcade Creek, Carmichael, Fair Oaks, Mission Oaks, North Highlands, Orangevale, Rio Linda Elverta and Sunrise Recreation and Park Districts (excluding the administrative component) imposed pursuant to Chapter 16.155;
(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1165 § 3, 2000; SCC 1399 § 10, 2008; SCC 1673 § 6, 2021)
a.
Application. A residential development project may file an application with the Municipal Services Agency to request deferral of any of those fees enumerated in Section 16.120.030 of this chapter.
b.
Ten Percent Down Payment. At the time of building permit issuance or the time of improvement plan approval, the Applicant shall pay 10% of the amount of all fees included in the application request for each individual lot for which a building permit or improvement plan approval is sought. Said payment shall be in addition to any and all required fee deferral application and administrative processing fees.
c.
Security—Recordable Memorandum. Deferral of fees pursuant to this chapter shall be acknowledged by a recordable memorandum, agreement, or other writing satisfactory to the Administrator and approved by the County Counsel. Said memorandum shall be recorded prior to issuance of building permits.
d.
Other Requirements. 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;
2.
Deposit of all application and administrative fees pursuant to Section 16.120.090; and
3.
Recordation of memorandum pursuant to subsection (c).
e.
Single-Family 15-Month Maximum Deferral. Fees that are approved for deferral for a single-family residential project pursuant to this chapter shall be due and payable at the close of escrow of each individual lot within the project. The maximum fee deferral period for any and all lots within a single-family residential project is 15 months from the date of issuance of permits subject to fee deferral. If not paid within the maximum fee deferral period, interest penalties shall apply pursuant to Section 16.120.060 and payment of the fees deferred shall be undertaken pursuant to the provisions set forth in the executed memorandum agreement entered into for the subject property pursuant to subsection (c).
f.
Multi-Family 15-Month Maximum Deferral. Fees that are approved for deferral for a multi-family residential project pursuant to this chapter shall be due and payable upon the close of permanent loan financing. The maximum fee deferral period is 15 months from the date of issuance of permits subject to fee deferral. If not paid within the maximum fee deferral period, interest penalties shall apply pursuant to Section 16.120.060 and payment of the fees deferred shall be undertaken pursuant to the provisions set forth in the executed memorandum agreement entered into for the subject property pursuant to subsection (c).
g.
Deferral Non-Transferable. The approval of a fee deferral pursuant to this chapter for a residential project shall not be transferable to another project regardless of whether the Applicant is the same for both projects or whether the other project is also a qualified residential project.
(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 12, 2008)
For residential projects, which have been approved for a deferral of fees pursuant to this chapter, no interest shall accrue during the period of deferral. However, in the event fees are not paid at the time required by this chapter, a penalty equal to the annual rate of interest earned by the Treasurer of the County of Sacramento on the investment of pooled funds, computed on the unpaid amount from the date of execution of the deferral agreement to time of payment, shall be due and payable.
(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 13, 2008)
A non-refundable administrative processing fee of $350 is hereby established for payment at the time of each individual building permit issuance for the purpose of funding the costs of administering the fee deferral program established by this chapter. These fees may from time to time be revised by the Administrator to recover the costs of administering the program.
(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 15, 2008)
All costs of recordation of documents required pursuant to this chapter shall be paid by the Applicant.
(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 16, 2008)