This chapter shall be known as "Establishment of Capital Fire Facilities Impact Fees to Finance Costs Within the Unincorporated Sacramento County Area of the Sacramento Metropolitan Fire District."
(SCC 1697 § 1, 2022)
A.
The Sacramento Metropolitan Fire District ("SMFD") provides fire protection and medical emergency services to residential units and non-residential buildings within its service area, including portions located within the unincorporated areas of Sacramento County.
B.
New development within SMFD's service area will generate a need to expand existing facilities, construct new fire facilities, and purchase fire and safety equipment to serve the increased population.
C.
The purpose of this Chapter is to use the authority in Article XI, Section 7 of the California Constitution and in the Mitigation Fee Act (Government Code Section 66000 et seq.) to impose development impact fees to fund the cost of certain facilities and purchase of equipment, the need for which is directly or indirectly generated by the type of development proposed within the service area of the SMFD, as it may be amended from time to time.
(SCC 1697 § 1, 2022)
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.
"Additional Dwelling Units" mean the net increase in the number of dwelling units as defined in the Sacramento County Zoning Code on a parcel of real property for residential development.
C.
"Administration Costs" mean amounts spent, or authorized to be spent, in connection with the collection, calculation, processing, program development and other management of development impact fees.
D.
"Administrator" means the County of Sacramento Director of the Community Development Department or designee.
E.
"Agency" means County of Sacramento Community Services Agency.
F.
"Board" means the Board of Supervisors of the County of Sacramento.
G.
"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.
H.
"Commercial Structures" mean buildings to be used for, but not limited to, retail and service businesses, general retail stores, clothing stores, bookstores, video rental stores, drug stores, professional services (i.e. barber shops, dry cleaners), movie theaters, appliance and electronics stores, home supply stores, tire stores, auto parts stores, auto service centers, oil change service centers, other businesses providing auto-related products and services, and similar non-residential purposes.
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 fire protection facilities consistent with the Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee Study including, without limitation, the costs of fire protection and emergency response equipment, apparatus, vehicles, and facility site improvements, construction, engineering, design, consulting fees, permit fees, and administration.
K.
"County" means the County of Sacramento.
L.
"Development Impact Fee" means the fee levied by this Chapter upon the approval of a Building Permit or issuance of Certificate of Occupancy, as applicable, within the Program Boundaries.
M.
"Development Unit" means dwelling unit for residential development or square foot for non-residential development.
N.
"Estimated Cost" means the cost of purchasing equipment or constructing a facility based upon the unit costs for each item including design and engineering, construction surveys, and inspection as set forth in the Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee Study.
O.
"Facilities" mean those fire protection facilities and equipment specified in the Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee Study.
P.
"Fire Chief" means the Fire Chief of the SMFD or designee.
Q.
"Industrial Structure" means a building to be used for, but not limited to, manufacturing, heavy and light industrial uses, processing, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material or produce, sheet metal and welding shops, wholesale lumber yards, contractor yards, auto wrecking yards, warehouses, mini-storage facilities, and similar non-residential purposes.
R.
"Institutional Structures" means a building to be used for, but not limited to, civil, educational, government, medical, military, religious, or transportation purposes.
S.
"Multi-family Residential Structure" means the category of development comprised of two-, three-, or four-family dwellings, townhouses, rowhouses, individual mobile homes within a mobile home park, apartments, other multiple-family dwellings including condominiums, or mixed-use development.
T.
"Non-Residential Development" means a permit for the original construction or installation of structures including retail and other commercial, office, industrial, and institutional or similar non-residential occupancy.
U.
"Office Structure" means a building to be used for, but not limited to, professional, banking, insurance, real estate, administrative, or in-office medical or dental activities, and similar non-residential purposes.
V.
"Planning Director" means the Planning Director of the County of Sacramento Planning and Environmental Review Division or designee.
W.
"Program Boundaries" mean all property located within those geographic areas of the Sacramento Metropolitan Fire District that are within the unincorporated areas of the County 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 Special Districts Section of the Agency.
X.
"Program Fee" means the Development Impact Fee per Development Unit for fire protection facilities in the Sacramento Metropolitan Fire District. The Program Fee per Development Unit is as adopted by resolution of the Board consistent with the Board-approved Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee Study.
Y.
"Residential Development" means a permit for the original construction or installation of structures, including, but not limited to, single-family detached dwelling units, two or more unit attached dwellings and residential accessory dwelling units. These may include residential buildings typically called single-family attached and detached homes, duplexes, triplexes, quadplexes, townhomes, condominiums, apartments, manufactured homes, mobile homes, and second residential units.
Z.
"Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee Study" or "Impact Fee Study" means the analysis establishing the legal and policy basis for the imposition of fire protection impact fees for the Sacramento Metropolitan Fire District in compliance with the Mitigation Fee Act and approved by the Board.
AA.
"Single-Family Residential Structure" means the category of development comprised of detached single-family dwellings including primary residence mobile homes not in a mobile home park.
BB.
"SMFD" means the Sacramento Metropolitan Fire District.
CC.
"SMFD Capital Fire Facilities Impact Fee County Administration Fund" means that special interest-bearing trust fund established pursuant to Section 16.152.050.
DD.
"SMFD Capital Fire Facilities Impact Fee Fund" means that special interest-bearing trust fund established pursuant to Section 16.152.060.
EE.
"SMFD Capital Fire Facilities Impact Fee Program" means the funding mechanism for Facilities identified in the Impact Fee Study from Development Impact Fees as established in Section 16.152.030.
(SCC 1697 § 1, 2022; SCC 1753, 3/11/2025)
A.
The Board shall by resolution approve the Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee Study and adopt the Program Fee schedule. The Board shall receive a report pursuant to Government Code Section 66006 on the SMFD Capital Fire Facilities Impact Fee Program not less than annually and may periodically amend the SMFD Capital Fire Facilities Impact Fee Program by resolution at its discretion.
B.
All Facilities established in the Impact Fee Study shall be funded pursuant to the provisions of this Chapter.
(SCC 1697 § 1, 2022)
A.
There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the Sacramento Metropolitan Fire District Capital Fire Facilities Impact Fee County Administration Fund. All County administration fees collected pursuant to this Chapter shall be placed in said fund and shall be expended by the County, or its successor agency, solely to pay the costs associated with administering the SMFD Capital Fire Facilities Impact Fee Program.
B.
The SMFD Capital Fire Facilities Impact Fee County Administration Fund shall be administered by the Administrator.
(SCC 1697 § 1, 2022)
A.
There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the Sacramento Metropolitan Fire District Capital Fire Facilities Impact Fee Fund. All SMFD Capital Fire Facilities Impact Fees collected pursuant to this Chapter shall be placed in said fund and shall be expended by the Sacramento Metropolitan Fire District solely to pay the costs of applicable fire protection equipment and facilities identified in the Impact Fee Study.
B.
The Sacramento Metropolitan Fire District Capital Fire Facilities Fund shall be administered by the Sacramento Metropolitan Fire District.
(SCC 1697 § 1, 2022)
No Building Permit or Certificate of Occupancy, as applicable, shall be issued for real property within the SMFD Program Boundaries unless the Development Impact Fees for that property are paid as required by this Chapter.
(SCC 1697 § 1, 2022; SCC 1753, 3/11/2025)
The Development Impact Fees imposed pursuant to this Chapter shall be paid by the property owner to the Agency, in an amount calculated pursuant to Section 16.152.090. The fees shall be calculated at Building Permit Issuance and paid prior to issuance of the Building Permits or Certificates of Occupancy, as applicable, unless deferred or waived pursuant to this Chapter and/or other Chapters of the Sacramento County Code. The Board shall establish by resolution the following:
A.
The types and categories of development projects for which Development Fees may be collected at Building Permit issuance and Certificate of Occupancy issuance, respectively; and
B.
Any additional requirements, processes, or procedures applicable to residential projects for which Development Fees are collected at Certificate of Occupancy issuance to guarantee the timely payment of such fees or charges.
(SCC 1697 § 1, 2022; SCC 1753, 3/11/2025)
A.
For Residential Development within the Program Boundaries, the Development Impact Fee per Building Permit set forth in Sections 16.152.070 through 16.152.080 shall be calculated pursuant to the following formula:
F = D x P |
Where: |
F = the Development Impact Fee to be paid by the owners of property for which a Building Permit or Certificate of Occupancy is proposed for approval; and |
D = the number of Additional Dwelling Units to be constructed or relocated to the parcel of real property pursuant to the Building Permit requested; and |
P = Program Fee per dwelling unit for the residential use type specified in the requested Building Permit as shown in the Impact Fee Study most recently adopted by the Board, as annually subject to indexed adjustment pursuant to Section 16.152.130. |
B.
For Non-Residential Development within the Program Boundaries, the Development Impact Fee per Building Permit set forth in Sections 16.152.070 through 16.152.080 shall be calculated pursuant to the following formula:
F = S x P |
Where: |
F = the Development Impact Fee to be paid by the owners of property for which a Building Permit is proposed for approval; and |
S = the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated to the parcel of real property by issuance of a Building Permit; and |
P = Program Fee per square foot of building for the non-residential use type specified in the requested Building Permit as shown in the Impact Fee Study most recently adopted by the Board, as annually subject to indexed adjustment pursuant to Section 16.152.130. |
C.
For Residential and Non-residential Development, the administration fee per Building Permit or Certificate of Occupancy, as applicable, set forth in Sections 16.152.070 through 16.152.080 shall be calculated pursuant to the following formula:
F = T x 3% |
Where: |
F = the SMFD Capital Fire Facilities Impact County Administration Fee to be paid by the owners of property for which a Residential and Non-residential Building Permit or certificate is proposed for approval; and |
T = the sum of the Development Impact Fees for which a Residential and Non-residential Building Permit or Certificate of Occupancy is proposed for approval. |
D.
The Development Impact Fee shall be paid by the property owner in the amount as calculated pursuant to subsections A, B, and C of this section for the categories of Development Impact Fees established by Section 16.152.040 which are applicable.
E.
For the purpose of calculating Development Impact Fees pursuant to subsection B of this section for non-residential structures to be used for self-storage or mini-storage regardless of the underlying land use designation, the Development Impact Fees shall be calculated using the Program Fee for Commercial Structures for those areas used for customer sales and office purposes and the Program Fee for Multi-family Residential Structures for any residential unit for the manager/night watch staff.
F.
For the purpose of calculating Development Impact Fees pursuant to subsection B of this section for fuel service stations, the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated from outside of the Program Boundaries, shall include the square footage underneath fueling station canopies or the typical canopy area for a service station if the service station has no canopy.
(SCC 1697 § 1, 2022; SCC 1753, 3/11/2025)
A.
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.
B.
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.
C.
Additions to Multi-family Residential Structures that do not create additional units shall be exempt from the Development Impact Fees.
D.
Supporting use square footage in multi-family projects, such as the office and recreation areas required to directly serve the multi-family project shall be exempt from the Development Impact Fees. The residential unit fee will provide the full mitigation required in multi-family projects.
E.
Non-habitable residential structures such as decks, pools, pool cabanas, sheds, garages, etc., shall be exempt from the Development Impact Fees.
F.
Mobile or manufactured homes with no permanent foundation shall be exempt from the Development Impact Fees.
G.
The Development Impact Fee shall not be applied to Accessory Dwelling Units that are 850 square feet or less, and 1,000 square feet or less if multi-bedroom units. For all other Accessory Dwelling Units, the Development Impact Fee shall be charged a proportionate amount in relation to the square footage of the primary dwelling unit based upon the SMFD Capital Fire Facilities Impact Fee that the primary dwelling unit would pay.
(SCC 1697 § 1, 2022)
In the event a Building Permit expires or is canceled for any reason, a claim for refund of the Development Impact Fees paid in connection with the expired or canceled Building Permit may be filed by the applicant or designee who paid the Development Impact Fees with the Administrator. Unless such funds have been expended or otherwise committed such a claim shall be granted, with the exception of the administration fee, whereupon, the amount previously paid, less expended or committed amounts, shall be refunded to that applicant or written designee, subject to availability of funds in each corresponding Fund. Such a refund shall not be paid until the Agency verifies that the Building Permit is void.
(SCC 1697 § 1, 2022)
In the event a Building Permit, whether issued before or after the effective date of the ordinance codified in this Chapter, expires, before such work may be commenced or recommenced, a new Building Permit shall be obtained and such Building Permit may be issued only if any increase in the Development Impact Fees imposed pursuant to this Chapter and in effect on the date of issuance is either paid for those projects required to pay Development Impact Fees at Building Permit issuance or recalculated for those projects authorized by the Board to pay Development Impact Fees at Certificate of Occupancy issuance. If refunds were granted pursuant to Section 16.152.110, such Building Permit may be issued only if all Development Impact Fees imposed pursuant to this Chapter in effect on the date of issuance are paid, including the administration fee.
(SCC 1697 § 1, 2022; SCC 1753, 3/11/2025)
Beginning March 1, 2023, and subsequently each year on March 1, or as soon as possible thereafter; the Administrator with notice to the Fire Chief, shall authorize the adjustment of the Program Fee for each type of development as follows:
A.
A "mean" index will be computed by averaging the index for 20 U.S. Cities with the index for San Francisco by resort to the January issue of the Engineering News Record Magazine Construction Cost Index of the year in which the calculation is being made.
B.
An adjustment factor shall be computed by dividing the "mean" index as calculated in subsection A of this section by the "mean" index for the previous January, however, the March 2023 adjustment shall be computed by dividing the "mean" index as calculated in subsection A of this section by the "mean" index for January 2022, and, if a new Program Fee has been adopted after January of the previous year, the adjustment factor shall use the "mean" index from the month that the fee was adopted.
(SCC 1697 § 1, 2022)