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 by the County for the construction, improvement, or remodeling of any structure pursuant to and as defined by the Sacramento County Buildings and Construction 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. 
"Certificate of Occupancy" means the document issued by the County's Building Permits and Inspection ("BPI") section certifying that the newly constructed building or structure has been inspected and complies with all applicable state and local laws, ordinances, rules, and regulations governing construction and occupancy or, for a building or structure that does not receive this document, the Building Permit signed by BPI after the building or structure passes final inspection
J. 
"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.
K. 
"County" means the County of Sacramento.
L. 
"Development Impact Fee" means the fees levied by this chapter upon the approval of Building Permits or Certificates of Occupancy, as applicable, within the unincorporated portions of the CCSD service areas.
M. 
"Fire Facilities" mean those facilities designated in Nexus Study.
N. 
"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; SCC 1753, 3/11/2025)
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)
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 (Galt-Zone 6). All fire facilities development impact fees collected in Zone 6 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 (Galt-Zone 6) shall be administered by the Cosumnes Community Services District.
(SCC 1482 § 6, 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 Permits or Certificates of Occupancy, as applicable, 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; SCC 1753, 3/11/2025)
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 at Building Permit issuance and paid prior to issuance of the Building Permit or Certificate of Occupancy, as applicable. The Board shall establish by resolution the following:
1. 
The types and categories of development projects for which Development Impact Fees may be collected at Building Permit issuance and Certificate of Occupancy issuance, respectively; and
2. 
Any additional requirements, processes, or procedures applicable to residential projects for which Development Impact Fees are collected at Certificate of Occupancy issuance to guarantee the timely payment of such fees or charges.
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 Fee 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; SCC 1753, 3/11/2025)
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 Fire Facilities 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; SCC 1753, 3/11/2025)
A. 
Upon application by the property owner or authorized agent, the CCSD at its discretion may enter into a credit/reimbursement agreement, pursuant to this section, authorizing the financing or construction of fire facilities, or portions thereof, designated in the Nexus Study in lieu of all, or a portion of, the fire facilities development impact fee required by this chapter. The agreement shall set forth the amount to be credited or reimbursed, the time and manner in which credits are applied or payments are to be made, and may require reimbursement only from the applicable CCSD Fire Facilities Fund.
B. 
The total amount eligible for credit or reimbursement of the fire facilities constructed by private development shall be the actual cost of constructing the facility including costs such as engineering design, design surveys, construction surveys, construction inspection and materials testing, and contingency, up to the cost as set forth in the Nexus Study at the time of project acceptance.
C. 
Any eligible amount to be provided to the property owner for the financing or construction of the fire facilities identified in the Nexus Study as set forth in subsections (A), (B), and (C) of this section that is not credited to the property owner shall be reimbursed to the property owner on a first-come-first served basis based on the acceptance date of the improvement or the date of advancement of the funds and further subject to the availability of funds in the CCSD Fire Facilities Fund. High priority projects as determined by the CCSD shall take funding precedence over reimbursing property owners.
D. 
The construction of any facility authorized by this section must be accepted by the CCSD prior to reimbursement.
E. 
By entering into a credit/reimbursement agreement, a property owner is not relieved of the obligation to pay the development impact fees in the manner and amount specified by this chapter.
F. 
If the CCSD enters into an agreement authorized by subsection (A) of this section, the agreement shall provide that: (1) The general funds of the CCSD and the County are not liable for payment of any obligations arising from the agreement; (2) the credit or taxing power of the County and/or CCSD 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 CCSD or the County, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of their property, or upon any of their income, receipts, or revenues, and is payable only from the development impact fees deposited in the applicable CCSD Fire Facilities Fund.
G. 
Property owner or authorized agent shall apply for credit or reimbursement as set forth in subsections (A), (B), (C), (D), (E), and (F) of this section no later than four years after the fire facility is constructed and accepted. 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.
(SCC 1352 § 1, 2007)
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)