This chapter shall be known as "Establishment of a Development
Impact Fee to Finance the Cost of Fire Facilities within the Unincorporated
Areas of the Cosumnes Community Services District."
(SCC 1482 § 1, 2011)
A. The
Cosumnes Community Services District ("CCSD") provides fire protection
and medical emergency services to the residential units and nonresidential
buildings within its service area.
B. New
development within the CCSD's service area will generate the need
for the construction of new fire facilities to meet the demands of
the new development.
C. The
Elk Grove Community Service District ("EGCSD") and the Galt Fire Protection
District merged in November 2006 and the resulting district is named
Cosumnes Community Services District.
D. The
purpose of this chapter is to use the authority in Article XI, Section
7 of the California Constitution by imposing a development impact
fee to fund the cost of certain fire facilities, the need for which
is directly or indirectly generated by the type and level of development
proposed within the unincorporated portions of the CCSD boundary,
as it may be amended from time to time.
(SCC 1352 § 1, 2007; SCC
1482 § 2, 2011)
A. "Accessory
dwelling unit" means an attached or a detached residential dwelling
unit occupying the same parcel as the primary dwelling unit, which
provides complete independent living facilities for one or more persons
as further defined and subject to the requirements of the Sacramento
County Zoning Code and applicable State Law. This includes efficiency
units and junior accessory dwelling units.
B. "Administrator"
means the Deputy County Executive of the Sacramento County Public
Works and Infrastructure Agency.
C. "Agency"
means the County of Sacramento Public Works and Infrastructure Agency.
D. "Board"
means the Board of Supervisors of the County of Sacramento.
E. "Building
permit" means the permit issued or required for the construction or
improvement of additional square footage for any structure pursuant
to and as defined by the Sacramento County Building Code.
F. "CCSD
Fire Development Impact Fee Program (Nexus Study)" means the plan
entitled "Cosumnes Community Services District (CCSD) Nexus Study
to Update Fire Fee Program" dated on or about August 23, 2010 (hereinafter
in some instances referred to as the Nexus Study or the CCSD Fire
Development Fee Program), including any amendments thereto, adopted
by resolution by the Board for financing of designated fire facilities
within the unincorporated portions of the CCSD service areas, including,
but not limited to, a designation of those fire facilities to be constructed
with the development impact fees collected pursuant to this chapter,
the schedule for commencement of construction, and the costs of construction
of the facilities.
G. "CCSD Fire Facilities Fund (Elk Grove-Zone 1)" means that special interest-bearing trust fund established pursuant to Section
16.150.050.
H. "CCSD
Fire Facilities Fund (Galt-Zone 6)" means that special interest-bearing
trust fund established pursuant to Section 16.155.055.
I. "Costs"
mean amounts spent, or authorized to be spent, in connection with
the planning, financing, acquisition and development of a facility
including, without limitation, the costs of land, construction and
inspection, engineering, administration, and consulting fees.
J. "County"
means the County of Sacramento.
K. "Development
impact fee" means the fees levied by this chapter upon the approval
of building permits within the unincorporated portions of the CCSD
service areas.
L. "Fire
facilities" mean those facilities designated in Nexus Study.
M. "Unincorporated
portions of the CCSD service areas" mean all property located within
those geographic areas as depicted in Figure 1 attached to the ordinance
codified in this chapter and incorporated herein by reference. Figure
1 is also on file with the Infrastructure Finance Section of the Sacramento
County Public Works and Infrastructure Agency. The unincorporated
portions of the CCSD service areas are located within Zone 1 and Zone
6 of the Nexus Study.
(SCC 1352 § 1, 2007; SCC
1482 § 3, 2011; SCC 1661 § 13,
2020)
A separate development impact fee is hereby established and
shall apply to all properties within the unincorporated portions of
the CCSD service areas for CCSD fire facilities.
(SCC 1352 § 1, 2007; SCC
1482 § 4, 2011)
A. There
is hereby established by the office of the Department of Finance in
the County Treasury a special interest-bearing trust fund entitled
the CCSD Fire Facilities Fund (Elk Grove-Zone 1). All fire facilities
development impact fees collected in Zone 1 of the Nexus Study pursuant
to this chapter shall be placed in said fund and shall be expended
by the Cosumnes Community Services District, or its successor agency,
solely to pay the costs of fire facilities identified in the Nexus
Study.
B. The
CCSD Fire Facilities Fund (Elk Grove-Zone 1) shall be administered
by the Cosumnes Community Services District.
(SCC 1352 § 1, 2007; SCC
1482 § 5, 2011)
No change in a land use designation shall be approved within
the unincorporated portions of the CCSD service areas unless payment
of the development impact fees established by this chapter by the
property owner is required as a condition of such approval. No Building
Permit shall be approved for property within the unincorporated portions
of the CCSD service areas unless the development impact fees for that
property are paid as required by this chapter.
(SCC 1352 § 1, 2007; SCC
1482 § 7, 2011)
A. The
development impact fees imposed pursuant to this chapter shall be
paid by the property owner to the Agency, at the rates for the single-family,
multifamily, age restricted, commercial, or office, as shown in the
Nexus Study for Zone 1 and Zone 6. The fees shall be calculated and
paid upon issuance of the Building Permits.
B. For
specialized development projects that do not match the fee categories
summarized in the Nexus Study, the CCSD, in conjunction with the County,
will review the specialized development and decide on an applicable
fee based on the impact to fire facilities from the development.
C. For
redevelopment projects, the CCSD and County staff will review redevelopment
requests for fee adjustments on a case-by-case basis. If a redevelopment
project results in a change of land use on a particular parcel, the
CCSD and County staff will determine the appropriate development impact
fees adjustment to reflect the different characteristics of the original
and new land uses. If a redevelopment project demolishes an existing
building and rebuilds a building of the same land use, the applicant
may be eligible for a waiver by the CCSD of a portion of the development
impact fees. But if the existing building has been vacant for more
than five years, the parcel will be treated as if it was undeveloped,
and no such adjustment will be applied.
(SCC 1352 § 1, 2007; SCC
1482 § 8, 2011)
A. All
Federal and State agencies, public school districts, churches, libraries,
fire stations, and the City of Elk Grove and County of Sacramento
shall be exempt from the development impact fees. Other non-City or
non-County public agencies shall be subject to the development impact
fees; however, the CCSD may at its discretion waive some or all of
the fees in certain cases.
B. Any
replacement or reconstruction (no change in use) of any residential
unit that is damaged or destroyed as a result of fire, flood, explosion,
wind, earthquake, riot, or other calamity, or act of God shall be
exempt from the development impact fees. However, if the residential
unit(s) replaced or reconstructed exceeds the documented total number
of units of the damaged/destroyed residential structure, the excess
units are subject to the development impact fees. If a residential
structure has been vacant for more than five years, the exemption
will not apply.
C. Any
replacement or reconstruction (no change in use) of any nonresidential
structure that is damaged or destroyed as a result of fire, flood,
explosion, wind, earthquake, riot, or other calamity, or act of God
shall be exempt from the development impact fees. However, if the
building replaced or reconstructed exceeds the documented total floor
area of the damaged/destroyed building, the excess square footage
is subject to the development impact fees. If a structure has been
vacant for more than five years, the exemption will not apply.
D. If
a residential and/or nonresidential structure is replaced with an
alternative land use, then the CCSD and County staff will determine
the appropriate fee adjustment to reflect the different use factors
of the original and new land uses.
E. Additions
to single-family residential structures provided no change in use
occurs and a second full kitchen is not added shall be exempt from
the development impact fees.
F. Additions
to multifamily residential structures that are not part of a mixed
use type project provided no change in use occurs and no additional
units result shall be exempt from the development impact fees.
G. Supporting
use square footage in multifamily projects, such as the office and
recreation areas required to directly serve the multifamily project
shall be exempt from the development impact fees. The residential
unit fee will provide the full mitigation required in multi-family
projects.
H. Nonhabitable
residential structures such as decks, pools, pool cabanas, sheds,
garages, etc. shall be exempt from the development impact fees.
I. Mobile
or manufactured homes with no permanent foundation shall be exempt
from the development impact fees.
J. 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:
(a) A proportionate amount in relation to the square footage of the primary
dwelling unit based upon the Fire Facilities amount that the primary
dwelling unit would pay; or
(b) The rate for a multi-family unit with one occupant.
(SCC 1352 § 1, 2007; SCC
1661 § 14, 2020)
Beginning January 1, 2012, and thereafter each year no later
than January 15th, the Administrator shall authorize the adjustment
of the fire fee rate for each type of development as follows:
A. Percent
changes in Construction Cost Index (CCI) for 20 U.S. Cities and San
Francisco will be computed by resort to the October issue of the Engineering
News Record magazine CCI of the previous two years in which the calculation
is being made. For example, the percent changes for January 2012 will
be determined by calculating the CCI changes from October 2010 to
October 2011 and then dividing changes by the CCI from October 2010.
B. An adjustment factor shall be computed by averaging the percent changes as calculated in subsection
(A) of this section.
C. The new fire fee rate shall be calculated by multiplying one plus the adjustment factor, as calculated in subsection
(B) of this section, by the development impact fee rate in place prior to the annual adjustment.
D. The cost of the fire facilities used in the capital improvement program and for calculating credits and reimbursements pursuant to Section
16.150.090 shall be adjusted annually using the same adjustment factor pursuant to subsections
(A),
(B) and
(C) of this section.
(SCC 1352 § 1, 2007; SCC
1482 § 9, 2011)
A. This chapter is intended to establish a supplemental method for funding the cost of certain fire facilities the need for which will be generated by the level and type of development proposed in the unincorporated portions of the CCSD service areas. The provisions of this chapter shall not be construed to limit the power of the Board to impose any other fees or exactions or to continue to impose existing ones, on development within the unincorporated portions of the CCSD service areas, 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 portions of the CCSD service areas pursuant to State and local laws. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and other exactions required by, but not limited to: (1) the Sacramento County Municipal Services Agency Improvement Standards; (2) the Quimby Act (
Government Code Sections 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 Agency Ordinance No. 1). Any credits or repayments pursuant to Section
16.150.090 shall not include the funding, construction or dedications described in this section.
B. The construction of fire facilities by a private owner pursuant to Section
16.150.090 shall be performed and contracted for only as required by law, including, but not limited to, compliance with the CCSD standards.
(SCC 1352 § 1, 2007; SCC
1482 § 10, 2011)