This chapter shall be known as the "Establishment of Development
Fees to Finance the Cost of Public Facilities Within the Antelope
Public Facilities Financing Plan Area" ordinance.
A. The
Sacramento County General Plan requires that areas chosen for urban
expansion shall be capable of being provided within a reasonable period
of time with an adequate level of facilities and services, including:
2. Fire
protection facilities;
6. Parks
and recreation facilities.
B. The
General Plan further requires the preparation of a plan that identifies
a mechanism for financing those facilities and services necessary
to serve urban development in areas designated for urban expansion.
The general plan also contains additional policies for providing adequate
drainage facilities, supporting funding of adequate fire protection
facilities, supporting funding of additional park land acquisition
and development, and use of developer dedications and other means
to pay for transportation facilities adequate to provide an acceptable
level of service.
C. The purpose of this chapter is to implement the General Plan requirements set forth in subsections
A and
B of this section and to use the authority in Article XI, Section 7 of the California Constitution by imposing development fees to fund the estimated cost of certain facilities and services the need for which is directly or indirectly generated by the type and level of development proposed in the Antelope Public Facilities Financing Plan (hereinafter in some instances referred to as "Antelope PFFP") area.
D. It
is also the purpose of this chapter to require that adequate provision
is made for developer financed facilities within the Antelope PFFP
area as a condition to any rezoning and prior to approval of certain
permits within said area.
E. It
is the further purpose of this chapter to implement the public facilities
financing policies of the East Antelope Specific Plan including its
Report on Public Facilities and Financing Alternatives.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 2,
2001; SCC 1616 § 1, 2017)
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. "Acreage"
means the gross acreage of any property within the Antelope PFFP area
minus the acreage of the right-of-way of those 84 foot wide arterials
or 110 foot wide thoroughfares designated in the Circulation Element
Transportation Diagram of the Sacramento County General plan which
are located on such property and minus the acreage of major drainage
channels which cannot be developed.
C. "Administrator"
means the Deputy County Executive of the Sacramento County Public
Works and Infrastructure Agency.
D. "Agency"
means the Sacramento County Public Works and Infrastructure Agency.
E. "Antelope Basin "A" Drainage Mitigation Fund" means that special interest-bearing trust fund established pursuant to Section
16.80.030.
F. "Antelope Fire Fund" means that special interest-bearing trust fund established pursuant to Section
16.80.040.
G. "Antelope Major Roadway Fund" means that special interest-bearing trust fund established pursuant to Section
16.80.060.
H. "Antelope Parks and Recreation Fund" means that special interest-bearing trust fund established pursuant to Section
16.80.050.
I. "Antelope
Public Facilities Financing Plan" means the plan, including any amendments
thereto, adopted by resolution by the Board for the financing of designated
facilities to serve the Antelope PFFP area, including, but not limited
to, a designation of those facilities to be constructed with the development
fees collected pursuant to this chapter, the schedule for commencement
of construction, the estimated cost of constructing the facilities,
and the total number of dwelling unit equivalents within the Antelope
PFFP area.
J. "Antelope
Public Facilities Financing Plan Area" means all property located
within the geographic area depicted in Figure 1. A detailed map of
the property depicted on Figure 1 is on file with the Special Districts
Section of the County Engineering Division of the Agency and is by
this reference incorporated herein.
K. "Antelope Water Fund" means that special interest-bearing trust fund established pursuant to Section
16.80.065.
L. "Board"
means the Board of Supervisors of the County of Sacramento.
M. "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.
N. "Costs"
means amounts spent, or authorized to be spent, in connection with
the planning, financing, acquisition and development of a facility
including, without limitation, the cost of land, construction, engineering,
administration, and consulting fees.
O. "County"
means the County of Sacramento.
P. "CSCDA"
means the California Statewide Communities Development Authority.
Q. "Development
Fee" means the fee required by this chapter to be a condition on changes
of land use zones and to be collected upon approval of building permits
within the Antelope PFFP area.
R. "Dwelling
Unit Equivalent Factor" means the financial responsibility for public
facilities allocated per acre to a specified land use zone in the
Sacramento County Zoning Code compared to the financial responsibility
for the same public facilities of one acre of land zoned for one single-family
detached residential dwelling unit per acre.
S. "East Antelope Local Roadway Fund" means that special interest-bearing trust fund established pursuant to Section
16.80.062.
T. "East Antelope Northern Subarea Drainage Fund" means that special interest-bearing trust fund established pursuant to Section
16.80.032.
U. "Estimated Cost" means the cost of constructing a facility as set forth in the Antelope Public Facilities Financing Plan in effect at the time that includes any adjustments made pursuant to Section
16.80.165.
V. "Facilities"
means those public facilities designated in the Antelope Public Facilities
Financing Plan.
W. "Improvement Plan" means the site plan of property proposed for development showing all required improvements that must be approved by the Agency pursuant to Chapter
12.03 of the Sacramento County Code prior to the issuance of a building permit for the property.
X. "Planning
Director" means the Director of the County Office of Planning and
Environmental Review.
Y. "Program
Fee Per Dwelling Unit Equivalent" means the development fee rate per
dwelling unit equivalent for a particular category of facilities.
For the park and recreation, fire protection, water mitigation, Basin
"A" drainage mitigation, East Antelope Northern Subarea drainage,
and East Antelope local roadway development fees, the Program Fee
Per Dwelling Unit Equivalent is calculated by dividing the total program
costs for the particular category of facilities by the total number
of dwelling unit equivalents identified in the Antelope Public Facilities
Financing Plan for the particular category. For the major roadway
development fee, the Program Fee Per Dwelling Unit Equivalent is calculated
on the basis of a comprehensive, year by year capital improvement
program which phases construction of roadway projects with expected
development, evaluates remaining costs and development potential,
and incorporates assumptions for fee revenues, fund balance interest
earnings, and project cost inflation.
Z. "Residential
Development" means a subdivision map, parcel map, or permit for the
original construction, grading, or installation of single-family detached
homes, single-family attached homes, duplexes, townhomes, condominiums,
apartments, manufactured homes and mobile homes.
AA. "SCIP"
means the Statewide Community Infrastructure Program of the CSCDA.
BB. "Subzones"
means those geographic areas within the PFFP area as depicted in Figure
1. A detailed map of each subzone depicted on Figure 1 is on file
with the Special Districts Section of the County Engineering Division
of the Agency and is by this reference incorporated herein.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 0907 § 1,
1993; SCC 0972 § 1, 1994; SCC 1185 § 2, 2001; SCC 1616 § 2,
2017; SCC 1624 § 1, 2018; SCC 1661 § 1, 2020)
A. There
is hereby created by the office of the County Auditor-Controller in
the County Treasury a special interest-bearing trust fund entitled
the Antelope Basin "A" Drainage Mitigation Fund. All drainage development
fees collected pursuant to this chapter shall be placed in said fund
and shall be expended solely to pay the costs of drainage facilities
located within or downstream of Antelope Drainage Basin "A" in the
Dry Creek watershed.
B. The
Antelope Drainage Fund shall be administered by the Sacramento County
Water Agency.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 4,
2001; SCC 1616 § 3, 2017)
A. There
is hereby created by the office of the County Auditor-Controller in
the County Treasury a special interest-bearing trust fund entitled
the East Antelope Northern Subarea Drainage Fund. All drainage development
fees collected pursuant to this chapter shall be placed in said fund
and shall be expended solely to pay the costs of drainage facilities
required by the East Antelope Specific Plan that are not reimbursable
by Zone 11C of the Sacramento County Water Agency.
B. The
East Antelope Northern Subarea Drainage Fund shall be administered
by the Administrator.
(SCC 1185 § 5, 2001; SCC
1616 § 4, 2017)
A. There
is hereby created by the office of the County Auditor-Controller in
the County Treasury a special interest-bearing trust fund entitled
the Antelope Fire Fund. All fire protection development fees collected
pursuant to this chapter shall be placed in said fund and shall be
expended solely to pay the costs of fire protection facilities.
B. The
Antelope Fire Fund shall be administered by the Sacramento Metropolitan
Fire District.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 6,
2001; SCC 1616 § 5, 2017)
A. These
is hereby created by the office of the County Auditor-Controller in
the County Treasury a special interest-bearing trust fund entitled
the Antelope Parks and Recreation Fund. All parks and recreation development
fees collected pursuant to this chapter shall be placed in said fund
and shall be expended solely to pay the costs of parks and recreation
facilities.
B. The
Antelope Parks and Recreation Fund shall be administered by the Sunrise
Recreation and Park District.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 7,
2001; SCC 1616 § 6, 2017)
A. There
is hereby created by the office of the County Auditor-Controller in
the County Treasury a special interest-bearing trust fund entitled
the Antelope Major Roadway Fund. All amounts collected from major
roadway development fees shall be placed in said fund and shall be
expended solely to pay the costs of major roadway facilities in accord
with the East Antelope Specific Plan and the Antelope PFFP.
B. The
Antelope Major Roadway Fund shall be administered by the Administrator.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 8,
2001; SCC 1616 § 7, 2017)
A. There
is hereby created by the office of the County Auditor-Controller in
the County Treasury a special interest-bearing trust fund entitled
the East Antelope Local Roadway Fund. All amounts collected from East
Antelope local roadway development fees shall be placed in said fund
and shall be expended solely to pay the costs of local roadway facilities
in accord with the East Antelope Specific Plan and the Antelope PFFP.
B. The
East Antelope Local Roadway Fund shall be administered by the Administrator.
(SCC 1185 § 9, 2001; SCC
1616 § 8, 2017)
A. There
is hereby created by the office of the County Auditor-Controller in
the County Treasury a special interest-bearing trust fund entitled
the Antelope Water Fund. All water development fees collected pursuant
to this chapter shall be placed in said fund and shall be expended
solely to pay the costs of water facilities.
B. The
Antelope Water Fund shall be administered by the Sacramento County
Water Agency.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 10,
2001; SCC 1616 § 9, 2017)
No change in a land use zone shall be approved within the Antelope
PFFP area unless payment of the development fees established by this
chapter is required by the property owner as a condition of such approval.
No building permit shall be approved for property within the Antelope
PFFP area unless the development fees for that property are paid as
required by this chapter.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 11,
2001)
Notwithstanding the foregoing, the Antelope Fire Fee shall be
imposed on those building permits for which applications were submitted
to the County on or before June 13, 2003. The Antelope Fire Fee shall
not be imposed on building permits for which applications were submitted
to the County after June 13, 2003.
(SCC 1243 § 1, 2003)
Notwithstanding the foregoing, the East Antelope Northern Subarea
Drainage Development Fee shall be imposed on those building permits
for which applications were submitted to the County before July 2004.
The East Antelope Northern Subarea Drainage Development Fee shall
not be imposed on building permits for which applications were submitted
to the County during and after July 2004.
(SCC 1624 § 2, 2018)
Notwithstanding the foregoing, the Antelope Basin "A" Drainage
Mitigation Development Fee shall be imposed on those building permits
for which the permits were issued before October 22, 2018. The Antelope
Basin "A" Drainage Mitigation Development Fee shall not be imposed
on building permits for which the permits were issued on or after
October 22, 2018.
(SCC 1624 § 3, 2018)
Notwithstanding the foregoing, the Antelope Water Mitigation
Development Fee shall be imposed on those building permits for which
the permits were issued before October 22, 2018. The Antelope Water
Mitigation Development Fee shall not be imposed on building permits
for which the permits were issued on or after October 22, 2018.
(SCC 1624 § 4, 2018)
A. The development fees imposed pursuant to this chapter shall be paid by the property owner to the Agency in an amount calculated pursuant to Sections
16.80.100 and
16.80.110. The fees shall be calculated at the time of approval of improvement plans and shall be paid upon issuance of building permits. For projects that are subject to building permits, but not improvement plan approval, the fees shall be both calculated and paid upon issuance of the building permits.
B. For
projects for which the development fees established by this chapter
were previously paid pursuant to this section or pursuant to an interim
fee agreement adopted by the Board at the time of improvement plan
approval, said development fees already collected shall not be refunded
for the purpose of later payment at time of building permit approval.
Adjustments to said fees pursuant to the terms of such interim fee
agreements shall be provided.
C. For projects that participate in SCIP, Section
16.80.190 shall apply.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 12,
2001; SCC 1616 § 10, 2017)
A. The
Board shall by resolution adopt an Antelope Public Facilities Financing
Plan. The Board shall review the Antelope Public Facilities Program
annually, or more often if it deems it appropriate, and may amend
it by resolution at its discretion.
B. With the exception of facilities approved by the Director for construction by a property owner pursuant to Section
16.80.150, all facilities shall be constructed in accordance with the schedule established in the Antelope Public Facilities Financing Plan.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1616 § 11,
2017)
A. A separate
development fee is hereby established for each of the following categories
of facilities: (1) major roadway facilities; (2) East Antelope local
roadway facilities; (3) fire protection facilities; (4) park and recreation
facilities; (5) Basin "A" drainage mitigation facilities; (6) East
Antelope Northern Subarea drainage facilities; and (7) water mitigation
facilities.
B. There
are hereby created three subzones of the PFFP area for the application
of development fees as shown in Figure 1.
C. With
the exception of the East Antelope local roadway development fee,
the Basin "A" drainage mitigation development fee, and the East Antelope
Northern Subarea drainage development fee, the foregoing development
fees shall apply uniformly throughout Subzones 1 and 2 of the Antelope
PFFP area. The East Antelope local roadway development fee shall be
applicable only to property within Subzone 2, the Northern, Central,
and Western Subareas of the East Antelope Specific Plan, as specified
in the Antelope PFFP. The Basin "A" drainage mitigation development
fee shall be applicable only to property within Antelope Drainage
Basin "A" as specified in the Antelope PFFP. The East Antelope Northern
Subarea drainage development fee shall be applicable only to property
within the Northern Subarea of the East Antelope Specific Plan as
specified in the Antelope PFFP. For property within Subzone 3, only
the major roadway development fee applies to this subzone.
(SCC 645 § 1, 1986; SCC
648 § 3, 1986; SCC 649 § 1, 1986; SCC 0721 § 3, 1988; SCC 1185
§ 13, 2001; SCC 1616 § 12, 2017; SCC 1624 § 5, 2018)
A. The development fees set forth in Sections
16.80.070 and
16.80.100 shall be calculated pursuant to the following formula:
A x D x P = F
|
where,
|
A = the acreage proposed for development;
|
D = the dwelling unit equivalent factor(s) for the
land use zone(s) included in the development;
|
P = the Program Fee per dwelling unit equivalent;
and
|
F = the development fee for each category of public facilities to be paid by the owner of property for which a change in land use zone has been approved or the permits described in Section 16.80.070 are proposed for approval.
|
B. The development fees calculated pursuant to subsection
A of this section shall be paid by the property owner in the amount of the F factor for each of the seven categories of facilities established by Section
16.80.100 as applicable pursuant to the Antelope Public Facilities Financing Plan.
C. For the purpose of calculating development fees pursuant to subsections
A and
B of this section for properties with an approved use permit which significantly changes the underlying use of the site, the Planning Director is hereby authorized to determine the land use zone and associated dwelling unit equivalent factor as specified in Section
16.80.130 which corresponds most directly to the use and its facilities requirements. For the purpose of calculating development fees pursuant to subsections
A and
B of this section for property to be developed for use as Mini Storage, the dwelling unit equivalent factors shall be those established for the M-1 land use zone.
D. For the purpose of calculating development fees pursuant to subsections
A,
B, and
C of this section for building permits for dwelling units not associated with a recorded residential subsection, non-residential development, or multiple family development, or for land use categories not included in this chapter, the Planning Director is hereby authorized to determine the appropriate land use zone which corresponds most directly to the use and density.
E. Notwithstanding subsections
A and
B of this section, all development fees for Residential Development within the Antelope Public Facilities Financing Plan Area for which a Building Permit is issued on or before December 31, 2004 and for which the building site location is property zoned RD-15, RD-20, RD-25 or RD-30 shall be calculated as detailed in the Antelope Public Facilities Financing Plan.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 14,
2001; SCC 1274 § 1, 2004; SCC 1616 § 13, 2017)
A. The
dwelling unit equivalent factor for property within the Antelope PFFP
area is based on its land use zone and the Antelope Public Facilities
Financing Plan.
B. The
dwelling unit equivalent (DUE) factors utilized to calculate the major
roadway development fee shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1/RD-1
|
1.00
|
RD-2
|
1.80
|
RD-3
|
2.60
|
RD-4
|
3.25
|
RD-5
|
4.00
|
RD-7
|
5.50
|
RD-10
|
7.00
|
RD-15
|
9.50
|
RD-20
|
12.00
|
RD-25
|
15.00
|
RD-30
|
18.00
|
SC
|
13.30
|
LC
|
16.30
|
GC
|
16.30
|
BP
|
13.50
|
M-1
|
7.00
|
C. The
dwelling unit equivalent (DUE) factors utilized to calculate the East
Antelope local roadway development fee shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1/RD-1
|
1.00
|
RD-2
|
1.80
|
RD-3
|
2.60
|
RD-4
|
3.25
|
RD-5
|
4.00
|
RD-7
|
5.50
|
RD-10
|
7.00
|
RD-15
|
9.50
|
RD-20
|
12.00
|
RD-25
|
15.00
|
RD-30
|
18.00
|
SC
|
13.30
|
LC
|
16.30
|
GC
|
8.06
|
BP
|
17.74
|
M-1
|
8.06
|
D. The
dwelling unit equivalent (DUE) factors utilized to calculate the Basin
"A" drainage mitigation development fee shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AR-5
|
1.00
|
AR-2
|
1.00
|
AR-1/RD-1
|
1.00
|
RD-2
|
1.00
|
RD-3
|
1.00
|
RD-4
|
1.00
|
RD-5
|
1.00
|
RD-7
|
1.09
|
RD-10
|
1.09
|
RD-15
|
1.09
|
RD-20
|
1.09
|
RD-25
|
1.09
|
RD-30
|
1.09
|
SC
|
1.09
|
LC
|
1.09
|
GC
|
1.09
|
BP
|
1.09
|
M-1
|
1.09
|
E. The
dwelling unit equivalent (DUE) factors utilized to calculate the East
Antelope Northern Subarea drainage mitigation development fee shall
be as follows:
Land Use Zones
|
DUE Factor
|
---|
AR-5
|
1.00
|
AR-2
|
1.00
|
AR-1/RD-1
|
1.00
|
RD-2
|
1.00
|
RD-3
|
1.00
|
RD-4
|
1.00
|
RD-5
|
1.00
|
RD-7
|
1.00
|
RD-10
|
1.00
|
RD-15
|
1.00
|
RD-20
|
1.00
|
RD-25
|
1.00
|
RD-30
|
1.00
|
SC
|
1.00
|
LC
|
1.00
|
GC
|
1.00
|
BP
|
1.00
|
M-1
|
1.00
|
F. The
dwelling unit equivalent (DUE) factors utilized to calculate the water
mitigation development fee shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1/RD-1
|
1.00
|
RD-2
|
2.00
|
RD-3
|
3.00
|
RD-4
|
4.00
|
RD-5
|
5.00
|
RD-7
|
7.00
|
RD-10
|
8.06
|
RD-15
|
10.08
|
RD-20
|
12.90
|
RD-25
|
16.12
|
RD-30
|
19.35
|
SC
|
6.45
|
LC
|
8.06
|
GC
|
8.06
|
BP
|
17.74
|
M-1
|
8.06
|
G. The
dwelling unit equivalent (DUE) factors utilized to calculate the fire
protection development fee shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1/RD-1
|
1.00
|
RD-2
|
2.00
|
RD-3
|
3.00
|
RD-4
|
4.00
|
RD-5
|
5.00
|
RD-7
|
7.00
|
RD-10
|
8.06
|
RD-15
|
10.08
|
RD-20
|
12.90
|
RD-25
|
16.12
|
RD-30
|
19.35
|
SC
|
6.45
|
LC
|
8.06
|
GC
|
8.06
|
BP
|
17.74
|
M-1
|
8.06
|
H. The
dwelling unit equivalent (DUE) factors utilized to calculate the parks
and recreation development fee shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1/RD-1
|
1.00
|
RD-2
|
2.00
|
RD-3
|
3.00
|
RD-4
|
4.00
|
RD-5
|
5.00
|
RD-7
|
7.00
|
RD-10
|
8.06
|
RD-15
|
10.08
|
RD-20
|
12.90
|
RD-25
|
16.12
|
RD-30
|
19.35
|
SC
|
2.15
|
LC
|
2.69
|
GC
|
2.69
|
BP
|
5.91
|
M-1
|
0.50
|
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 16,
2001; SCC 1616 § 14, 2017)
A. Upon application by the property owner, the Administrator may enter into a credit agreement authorizing the construction of any East Antelope local roadway and East Antelope Northern Subarea drainage facilities, or portions thereof, at the time and as designated in the Antelope Public Facilities Financing Plan in lieu of all, or a portion of, the applicable East Antelope local roadway development fee or East Antelope Northern Subarea drainage development fee required by this chapter. The Administrator may also enter into a credit agreement authorizing the construction of any major roadway facilities, or portions thereof, within six months prior to the beginning of the fiscal year for which it is scheduled for construction and after that time as designated in the Antelope Public Facilities Financing Plan in lieu of all, or a portion of, the applicable major roadway development fee required by this chapter. If so authorized, the credit to be provided to the property owner shall be the actual cost of constructing the facility including costs such as right-of-way, engineering design, design surveys, construction surveys, construction inspection and materials testing, and contingency, up to the estimated cost as set forth in the Antelope Public Facilities Financing Plan in effect at the time of the facilities' acceptance, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must be accepted by the Agency, or the property owner must post a bond or other security for the complete performance of the construction in a form acceptable to the Administrator and the County Counsel, prior to credit being given and issuance of any of the approvals set forth in Section
16.80.080.
B. Upon application by the property owner, the park facilities provider, the Sunrise Recreation and Park District, may enter into a credit agreement authorizing the construction of any parks and recreation facilities, or portions thereof, at the time and as designated in the Antelope Public Facilities Financing Plan in lieu of all, or a portion of, the applicable parks and recreation development fee required by this chapter. If so authorized, the credit to be provided to the property owner 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 estimated cost as set forth in the Antelope Public Facilities Financing Plan in effect at the time of the facilities' acceptance, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must be accepted by the Sunrise Recreation and Park District, or the property owner must post a bond or other security for the complete performance of the construction in a form acceptable to the Sunrise Recreation and Park District, prior to credit being given and issuance of any of the approvals set forth in Section
16.80.080.
C. At
the time of the execution of the agreement, the estimated amount eligible
for credit for such construction will be set at the estimated cost
of the facility as contained in the Antelope Public Facilities Financing
Plan in effect at the time, including, but not limited to, unit prices,
quantities and project descriptions.
D. Where the amount of the credit is less than the amount of the otherwise applicable major roadway, East Antelope local roadway, East Antelope Northern Subarea drainage or parks and recreation development fee, the property owner must pay the difference as set forth in Section
16.80.080.
E. Where
the amount of the credit for Antelope major roadway construction is
greater than the amount of the otherwise applicable major roadway
development fee, the property owner shall be paid the difference only
from the Antelope Major Roadway Fund within a reasonable time after
the project is accepted by the Agency.
F. Where
the amount of the credit for East Antelope local roadway construction
is greater than the amount of the otherwise applicable East Antelope
local roadway development fee, the property owner shall be paid the
difference only from the East Antelope Local Roadway Fund within a
reasonable time after the project is accepted by the Agency.
G. Where
the amount of the credit for East Antelope Northern Subarea drainage
facility construction is greater than the amount of the otherwise
applicable East Antelope Northern Subarea drainage development fee,
the property owner shall be paid the difference only from the East
Antelope Local Roadway Fund within a reasonable time after the project
is accepted by the Agency.
H. Where
the amount of the credit for Antelope parks and recreation construction
is greater than the amount of the otherwise applicable parks and recreation
development fee, the property owner shall be paid the difference only
from the Antelope Parks and Recreation Fund within a reasonable time
after the project is accepted by the Sunrise Recreation and Park District.
I. Upon acceptance of the improvement, the County shall verify the actual cost of the project. If: (1) the actual project cost is less than the estimated cost contained in the agreement, the difference between the actual cost of the project and the estimated cost contained in the agreement shall be applied to lower any remaining credits or be paid to the County by the property owner if no credits are available. If there is reimbursement due to the property owner, such difference shall be deducted from the reimbursement amount; (2) the actual project cost is more than the estimated cost contained in the agreement, no additional credit or reimbursement will be authorized unless the estimated cost in the Antelope Public Facilities Financing Plan in effect at the time of the project acceptance is greater than the estimated cost contained in the agreement due to annual adjustments or periodic updates to the Antelope PFFP, in which case, the difference between the estimated cost contained in the agreement and the lesser of the actual project cost or the estimated cost contained in the Antelope PFFP in effect at the time of the project acceptance, will be applied to increase any future available credits or be reimbursed by the County to the property owner pursuant to Section
16.80.150; (3) notwithstanding the foregoing, if within a two-year time period a property owner constructs two or more major roadway facilities, the County may allocate the difference calculated pursuant to subsections (I)(1) and (I)(2) above from one major roadway facility project to another major roadway facility project if the actual cost of one roadway facility project exceeds its estimated cost contained in the Antelope Public Facilities Financing Plan at the time of acceptance of the project.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 0721 § 4,
1998; SCC 1185 § 17, 2001; SCC 1212 § 1, 2002; SCC 1250 § 1,
2003; SCC 1264 § 1, 2004; SCC 1616 § 15, 2017; SCC 1624 § 6,
2018; SCC 1656 § 1, 2020)
A. Upon
application by the property owner, the Administrator may enter into
a reimbursement agreement authorizing the construction of any major
roadway facilities, or portions thereof, designated in the Antelope
Public Facilities Financing Plan prior to the fiscal year for which
construction is scheduled therein. The agreement shall set forth the
amount to be reimbursed, the time and manner in which payments are
to be made, and shall require reimbursement only from the Antelope
Major Roadway Fund and/or the fund established through SCIP, if applicable.
B. Upon
application by the property owner, the Administrator may enter into
a reimbursement agreement authorizing the construction of any East
Antelope local roadway facilities, or portions thereof, designated
in the Antelope Public Facilities Financing Plan. The agreement shall
set forth the amount to be reimbursed, the manner and priority in
which payments are to be made, and shall require reimbursement only
from the East Antelope Local Roadway Fund and/or the fund established
through SCIP, if applicable.
C. Upon
application by the property owner, the Administrator may enter into
a reimbursement agreement authorizing the construction and/or acquisition
of any East Antelope Northern Subarea drainage facility, or portions
thereof, designated in the Antelope Public Facilities Financing Plan.
The agreement shall set forth the amount to be reimbursed, the manner
and priority in which payments are to be made, and shall require reimbursement
only from the East Antelope Northern Subarea Drainage Fund.
D. Upon
application by the property owner, the Sunrise Parks and Recreation
District may enter into a reimbursement agreement authorizing the
construction and/or acquisition of any Antelope parks and recreation
facility, or portions thereof, designated in the Antelope Public Facilities
Financing Plan. The agreement shall set forth the amount to be reimbursed,
the manner and priority in which payments are to be made, and shall
require reimbursement only from the Antelope Parks and Recreation
Fund and/or the fund established through SCIP, if applicable.
E. At the time of the execution of the agreement, the estimated amount for such construction to be included in the agreement will be set at the estimated cost of the facility as contained in the Antelope Public Facilities Financing Plan in effect at the time, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must be accepted by the Agency prior to any reimbursements are made. Upon acceptance of the improvement, the County shall verify the actual cost of the project. The eligible amount of reimbursement shall be the actual cost of constructing the facility including costs such as right-of-way, engineering design, design surveys, construction surveys, construction inspection and materials testing, and contingency, up to the Estimated Cost as set forth in the Antelope Public Facilities Financing Plan in effect at the time of the completed improvement is accepted. Notwithstanding the foregoing, if within a two-year time period, a property owner constructs two or more major roadway facilities, the County may allocate the differences of the eligible amounts pursuant to this subsection of one major roadway facility project to another major roadway facility project if the actual cost of one project exceeds its Estimated Costs contained in the Antelope Public Facilities Financing Plan at the time of the project acceptance. Any eligible amount to be provided to the property owner for the construction of the facilities that is not credited to the property owner pursuant to Section
16.80.140 shall be reimbursed to the property owner pursuant to this section.
F. For
major roadways, the time of reimbursement shall be the end of the
fiscal year in which facility is scheduled for construction in the
Antelope PFFP. For East Antelope local roadways, the time of reimbursement
shall be on the basis of County acceptance of the completed improvement
and sufficiency of the East Antelope Local Roadway Fund as determined
by the Administrator. For East Antelope Northern Subarea drainage
facilities, the time of reimbursement shall be on the basis of County
acceptance of the completed improvement and sufficiency of the East
Antelope Northern Subarea Drainage Fund as determined by the Administrator
in his or her sole discretion. For Antelope park and recreation facilities,
the time of reimbursement shall be on the basis of acceptance of the
completed improvement by the Sunrise Parks and Recreation District
and sufficiency of the Antelope Parks and Recreation Fund as determined
by the Sunrise Parks and Recreation District in its sole discretion.
G. By
entering into a reimbursement agreement, a property owner is not relieved
of the obligation to pay the development fees in the manner and amount
specified by this chapter.
H. Where a major roadway facility is proposed by the property owner within six months prior to the beginning of the fiscal year for which it is scheduled for construction in the Antelope Public Facilities Financing Plan, the Administrator at his or her discretion may either: (1) provide the property owner with a credit pursuant to Section
16.80.140; or (2) enter into a reimbursement agreement with the property owner pursuant to this section.
I. If the Administrator enters into an agreement authorized by subsection
A,
B,
C, or
D of this section or credit agreement as authorized by Section
16.80.140(A), the agreement shall provide that: (1) the general fund of the County is not liable for payment of any obligations arising from the agreement; (2) the credit or taxing power of the County 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 County, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, and is payable only from the development fees deposited in the Antelope Major Roadway Fund, East Antelope Local Roadway Fund, or East Antelope Northern Subarea Drainage Fund, or Antelope Parks and Recreation Fund, and/or the fund established through SCIP, as applicable.
J. Property
owner or authorized agent shall apply for reimbursement as set forth
in this section no later than four years after: (1) the roadway project
is constructed and accepted; (2) the end of the fiscal year in which
the facility is scheduled for construction in the PFFP Development
Program; or (3) the effective date of this ordinance; whichever date
is later. Construction costs shall not be reimbursed unless reimbursement
is applied for within these time periods.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 721 § 5, 1988; SCC 1185 § 18, 2001; SCC 1212
§ 2, 2002; SCC 1250 § 2, 2003; SCC 1264 § 2, 2004; SCC 1616
§ 16, 2017; SCC 1624 § 7, 2018; SCC 1656 § 2, 2020)
A. The
Board of Supervisors hereby finds that the funding mechanisms currently
available to the Dry Creek Elementary School District may be insufficient
to finance those interim and permanent school facilities that will
be needed to serve the level of development authorized within the
Antelope PFFP area.
B. The
Board of Supervisors further finds that the lack of such adequate
mechanism constitutes a school funding crisis in that the Dry Creek
Joint Elementary School District will be unable to provide minimally
adequate educational services to students generated by development
authorized within the Antelope PFFP area.
C. The
Board of Supervisors further finds that after extensive review of
this school funding crisis with the Dry Creek Joint Elementary School
District, property owners within that portion of the Antelope PFFP
area served by the District and affected developers, it has adopted
the funding mechanism embodied in this section for the benefit of
all such parties.
D. Any
rezoning of property within that portion of the Antelope PFFP area
served by the Dry Creek Elementary School District shall be conditioned
on the formation of a Mello-Roos Community Facilities District, or
annexation to the Dry Creek Joint Elementary School District Community
Facilities District No. 1, and levy of a special tax, to fund that
property's share of the cost of constructing those interim and permanent
school facilities identified in the Antelope Public Facilities Financing
Plan which cannot be funded by the Dry Creek Elementary School District
from otherwise available funding mechanisms.
E. The Mello-Roos Community Facilities District referred to in subsection
D of this section shall be formed, or the rezoned property shall be annexed to the Dry Creek Joint Elementary School District Community Facilities District No. 1, and the special tax levied, prior to the recordation of any final subdivision map, approval of any improvement plans or issuance of any building permits for the rezoned property.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 0740 § 1,
1988; SCC 1185 § 19, 2001)
Beginning March 31, 2014, and subsequently each year on March
1st, or as soon as possible thereafter, the Administrator shall authorize
the adjustment of the program fee per dwelling unit equivalent in
each fee category 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 2014 adjustment factor shall be computed by dividing the "mean" index as calculated in subsection
A of this section by the "mean" index for January 2013, and, if a new program fee has been adopted after January of the previous year, the adjustment factor shall be computed by dividing the "mean" index from the month that the fee was adopted.
C. The adjusted program fee per dwelling unit equivalent shall be calculated by multiplying the adjustment factor, as calculated in subsection
B of this section, by the program fee per dwelling unit equivalent in place prior to the annual adjustment.
D. The estimated cost of the facilities used in the capital improvement program and for calculating credits and reimbursements pursuant to Sections
16.80.140 and
16.80.150 shall be adjusted using the same adjustment factor pursuant to subsections
A,
B and
C of this section.
(SCC 1185 § 20, 2001; SCC 1264 § 3, 2004; SCC 1414 § 1,
2009; SCC 1448 § 1, 2010; SCC 1483 § 1, 2011; SCC 1499 § 1,
2011; SCC 1525 § 1, 2013; SCC 1550 § 1, 2014)
This chapter is intended to establish a supplemental method for funding the cost of certain facilities and services the need for which will be generated by the level and type of development proposed in the Antelope PFFP area. 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 Antelope PFFP area, 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 Antelope PFFP area 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 Department of Public Works Improvement Standards; (2) the Quimby Act (
Government Code Section 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 (Chapter
16.50 of this code); and county drainage fees (County Water Agency Ordinance No. 1). Any credits or repayments pursuant to Sections
16.80.140 and
16.80.150 shall not include the funding, construction or dedications described in this section.
(SCC 645 § 1, 1986; SCC
649 § 1, 1986; SCC 1185 § 21,
2001)
A property owner who has paid fees pursuant to this chapter
shall receive a credit against fees which become due and payable on
other property subject to this chapter if the following conditions
are met:
A. The
property owner has previously paid fees pursuant to this chapter calculated
on the basis of land use designation in effect at the time of payment;
B. The
property owner sought and obtained a rezone of the property for which
such fees were paid and the new land use designation would have permitted
the payment of lower fees;
C. The
property owner is required to pay fees for other property pursuant
to this chapter.
The credit allowed pursuant to this section shall be allowed against the fees required to be paid as described in subsection C hereof. No credit allowed pursuant to this section shall be transferred.
|
(SCC 0907 § 2, 1993; SCC
0972 § 2, 1994)
A. This
section shall apply to all development projects that participate in
SCIP.
B. The
development fees imposed by this chapter may be paid and financed
pursuant to SCIP. SCIP includes two programs for funding eligible
fees: (1) the Fee Reimbursement Program; and (2) the Fee Prefunding
Program.
C. Fees,
or portions of the fees, paid and financed pursuant to SCIP, including
any interest earned, shall be invested in a local agency account held
by CSCDA for the benefit of the County and shall be treated as though
they were deposited in the trust funds established pursuant to this
chapter.
D. Under the Fee Reimbursement Program, property owners that have paid development fees pursuant to Section
16.80.080 shall be reimbursed using proceeds from bonds issued by CSCDA. Fees paid pursuant to this program shall be deposited in the County's local agency account with CSCDA and shall be immediately available for requisition by the County for expenditures authorized by this chapter.
E. Under the Fee Prefunding Program, development fees are paid directly to the County by CSCDA from bond proceeds on behalf of property owners responsible for the payment of such fees pursuant to Section
16.80.080. Fees paid pursuant to this program shall be deposited in the County's local agency account with CSCDA and shall be immediately available for requisition by the County for expenditures authorized by this chapter. The portion of the fees financed through the Fee Prefunding Program shall be deducted from the property owner's fee payment obligations as calculated pursuant to this chapter. Any increases or adjustments in the fees shall be calculated and collected as provided in this chapter, less any amounts paid pursuant to SCIP.
(SCC 1616 § 17, 2017)
The Antelope Fee Program Development Impact Fees shall not be
applied to 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 Antelope fee 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 Antelope fee amount that the primary
dwelling unit would pay; or
(b) The rate for an RD-20 unit with one occupant.
(SCC 1661 § 2, 2020)