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 public facilities; including, but
not limited to:
B. The
General Plan further requires the preparation of a plan that identifies
a mechanism for financing those facilities necessary to serve urban
development in areas designated for urban expansion. The General Plan
also contains additional policies for supporting funding of additional
park land acquisition and development, and use of developer dedications,
development fees, and other means to pay for acceptable level of transportation
facilities.
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 cost of certain facilities, the need for which is directly or indirectly generated by the type and level of development proposed in the Vineyard Public Facilities Financing Plan, as it may be amended from time to time, (hereinafter in some instances referred to as "PFFP" area).
D. It
is the further purpose of this chapter to require that adequate provision
is made for developer financed facilities within the 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 rename specific existing appropriate trust funds previously established by Chapter
16.82 of the Sacramento County Code designated for the prior Elk Grove/West Vineyard Public Facilities Financing Plan (hereinafter in some instances referred to as "EGWV PFFP").
(SCC 1253 § 1, 2003; SCC
1541 § 1, 2013)
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 PFFP area minus the acreage
of the right-of-way of those standard arterials or standard thoroughfares
designated in the Major Street and Highway Plan, Circulation Element
or Diagram of the Sacramento County General Plan which are located
on such property and minus the acreage of major SMUD or PG & E
electrical transmission line easements, railroad rights of way, parkways,
wetlands, detention basins, and 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 County of Sacramento Public Works and Infrastructure Agency.
E. "Board"
means the Board of Supervisors of the County of Sacramento.
F. "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.
G. "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 costs of land, construction and
inspection, engineering, administration, and consulting fees.
H. "County"
means the County of Sacramento.
I. "CSCDA"
means the California Statewide Communities Development Authority.
J. "Development
Fee" means the fee levied by this chapter upon the approval of building
permits within the PFFP area.
K. "Development
Unit" means dwelling unit equivalent for Residential Development or
square foot for Non-Residential Development.
L. "Dwelling
Unit Equivalent Factor" means the financial responsibility for facilities
of a specific land use zone in the Sacramento County Zoning Code compared
to the financial responsibility for the same facilities of one acre
of land zoned for one single-family detached dwelling unit per acre.
M. "Estimated
Cost" means the cost of constructing a facility based upon the unit
costs for each construction item plus a fixed percentage of 25% for
inspection, materials testing, design and construction survey, and
engineering, set forth in the PFFP-Development Fee Program.
N. "Facilities"
means those public facilities designated in the PFFP-Development Fee
Program.
O. "Improvement Plan" means the site plan of property proposed for development showing all required improvements that must be approved by the Public Works Agency pursuant to Chapter
12.03 of the Sacramento County Code prior to the issuance of a building permit for the property.
P. "Non-Residential
Development" means a subdivision map, parcel map, or permit for the
original construction, grading or installation of construction other
than single-family detached homes, single-family attached homes, duplexes,
townhomes, condominiums, apartments, manufactured homes and mobile
homes.
Q. "Planning
Director" means the Director of the Office of Planning and Environmental
Review.
R. "Program
Fee" means the Development Fee per Development Unit for a particular
category of facilities. For the park improvement and transit Development
Fees, the Program Fee per dwelling unit equivalent is calculated by
dividing the total program costs for a particular category of facilities
by the total number of dwelling unit equivalents identified in the
PFFP-Development Fee Program for the particular category. For the
roadway Development Fee, the Program Fee per dwelling unit equivalent
is calculated based upon a comprehensive capital improvement program
which phases construction of roadway projects with expected development
and incorporates assumptions for interest earnings and project cost
growth rates.
S. "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, town homes, condominiums,
apartments, manufactured homes and mobile homes.
T. "SCIP"
means the Statewide Community Infrastructure Program of the CSCDA.
U. "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 Infrastructure Finance Section of the Sacramento County Public
Works and Infrastructure Agency and is by this reference incorporated
herein.
V. "Vacant
Parcel" means a parcel with a tax assessor code of vacant residential
and which is zoned AR1, AR2, AR5, AR10, AG20 or AG80.
W. "Vineyard Administration Fund" means that special interest-bearing trust fund established pursuant to Section
16.83.040.
X. "Vineyard
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 Infrastructure
Finance Section of the Sacramento County Public Works and Infrastructure
Agency and is by this reference incorporated herein.
Y. "Vineyard
Public Facilities Financing Plan-Development Fee Program" means the
plan, including any amendments thereto, adopted by resolution by the
Board for financing of designated facilities within the 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 construction of the facilities and the total number of dwelling
unit equivalents within the PFFP area.
Z. "Vineyard Roadway Fund" means that special interest-bearing trust fund renamed and incorporated herein by reference pursuant to Section
16.83.070.
AA. "Vineyard Southgate Recreation and Park District (SRPD) Park Improvement Fund" means that special interest-bearing trust fund renamed and incorporated herein by reference pursuant to Section
16.83.050.
BB. "Vineyard
Springs Comprehensive Plan (VSCP) Area" means only that property located
within the geographic area defined by Subzone 4 in Figure 1.
CC. "Vineyard Transit Fund" means that special interest-bearing trust fund established pursuant to Section
16.83.080.
DD. "VSCP SRPD Park Improvement Fund" means that special interest-bearing trust fund established pursuant to Section
16.83.060.
(SCC 1253 § 1, 2003; SCC
1541 § 2, 2013; SCC 1606 § 64,
2017; SCC 1616 § 24, 2017; SCC 1661 § 5, 2020)
A. There
is hereby established by the Department of Finance in the County Treasury
a special interest-bearing trust fund entitled the Vineyard Administration
Fund or other appropriate accounting mechanism. All administration
fees collected in Subzones 1, 2, 3, and 4 pursuant to this chapter
shall be placed in said fund and shall be expended by the County of
Sacramento, or its successor agency, solely to pay the costs associated
with administering the Vineyard Fee Program.
B. The
Vineyard Administration Fund shall be administered by the Administrator.
(SCC 1253 § 1, 2003)
A. The
special interest-bearing trust fund, formerly known as the Elk Grove/West
Vineyard Southgate Park Improvement Fund which was established by
the Department of Finance in the County Treasury pursuant to former
Section 16.82.061, is hereby renamed the Vineyard SRPD Park Improvement
Fund. All park improvement development fees collected in Subzones
2 and 3 pursuant to this chapter shall be placed in said fund and
shall be expended by the Southgate Recreation and Parks District or
its successor agency solely to pay the costs of applicable parks and
recreation facilities identified in the PFFP-Development Fee Program
for Subzones 2 and 3.
B. The
Vineyard SRPD Park Improvement Fund shall be administered by the Southgate
Recreation and Parks District.
(SCC 1253 § 1, 2003)
A. There
is hereby established by the Department of Finance in the County Treasury
a special interest-bearing trust fund entitled the VSCP SRPD Park
Improvement Fund. All park improvement development fees collected
in Subzone 4 pursuant to this chapter shall be placed in said fund
and shall be expended by the Southgate Recreation and Parks District
or its successor agency solely to pay the costs of applicable parks
and recreation facilities identified in the PFFP-Development Fee Program
for Subzone 4.
B. The
VSCP SRPD Park Improvement Fund shall be administered by the Southgate
Recreation and Parks District.
(SCC 1253 § 1, 2003)
A. The special interest-bearing trust fund, formerly known as the Elk Grove/West Vineyard Roadway Fund which was established by the Department of Finance in the County Treasury pursuant to former Section 16.82.070, is hereby renamed the Vineyard Roadway Fund. All amounts collected from roadway development fees from Subzones 1, 2, 3 and 4 pursuant to this chapter shall be placed in said fund and shall be expended by the County of Sacramento or its successor agency solely to pay the costs identified in the roadway capital improvement program of the PFFP-Development Fee Program. Pursuant to Section
16.83.160(F) of this chapter, existing reimbursement agreements previously entered into and not paid on or before the effective date of the ordinance codified in this chapter payable from the Elk Grove/West Vineyard Roadway Fund shall be payable from the Vineyard Roadway Fund.
B. The
Vineyard Roadway Fund shall be administered by the Administrator.
(SCC 1253 § 1, 2003; SCC
1616 § 25, 2017)
A. There
is hereby established by the Department of Finance in the County Treasury
a special interest-bearing trust fund entitled the Vineyard Transit
Fund. All amounts collected from transit development fees for Subzones
2, 3, and 4 pursuant to this chapter shall be placed in said fund
and shall be expended by the Regional Transit District or its successor
agency solely to pay the costs of transit facilities identified in
the PFFP-Development Fee Program.
B. The
Vineyard Transit Fund shall be administered by the Regional Transit
District.
(SCC 1253 § 1, 2003)
No change in a land use designation shall be approved within
the 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 PFFP area unless the development fees for that property are paid
as required by this chapter.
(SCC 1253 § 1, 2003)
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
16.83.120 and
16.83.130. The fees shall be calculated upon the approval of subdivision maps and shall be paid upon issuance of building permits. For projects that are subject to building permits, but not subdivision map approval, the fees shall be both calculated and paid upon issuance of the building permits. For projects that participate in SCIP, Section
16.83.220 shall apply.
(SCC 1253 § 1, 2003; SCC
1616 § 26, 2017)
A. The
Board shall by resolution adopt a PFFP-Development Fee Program. The
Board shall review the PFFP-Development Fee Program not less than
annually and may amend it by resolution at its discretion.
B. With the exception of facilities approved by the Administrator for construction by a property owner pursuant to Section
16.83.160, all facilities shall be funded in accordance with the schedule established in the PFFP-Development Fee Program.
(SCC 1253 § 1, 2003)
A. A separate
development fee is hereby established for each of the following categories:
1. Vineyard
SRPD park improvement within Subzones 2 and 3;
2. VSCP
SRPD park improvement within Subzone 4;
B. There
are hereby created four subzones of the PFFP area as shown in Figure
1.
C. The
Vineyard roadway development fee shall apply to property within Subzones
1, 2, 3 and 4. The Vineyard SRPD park improvement development fee
shall apply only to property within Subzones 2 and 3. The VSCP SRPD
park improvement development fee shall apply only to property within
Subzone 4. The Vineyard transit development fee shall apply only to
property within Subzones 2, 3, and 4. The Vineyard administration
fee shall apply to property within Subzones 1, 2, 3, and 4.
D. The
Vineyard roadway development fee and the Vineyard transit development
fee shall not be applied to vacant parcels within the PFFP area existing
on or before the effective date of the ordinance codified in this
section. Vacant parcels which are created subsequent to the effective
date of the ordinance codified in this section shall be subject to
the Vineyard roadway development fee and the Vineyard transit development
fee.
(SCC 1253 § 1, 2003; SCC
1541 § 4, 2013)
A. For residential development within Subzones 2, 3, and 4, the development fees per dwelling unit set forth in Sections
16.83.090 and
16.83.100 shall be calculated pursuant to the following formula:
F = A x D x P/N
|
Where:
|
F = the development fee for each category of public facilities to be paid for each dwelling unit by the owner of property for which a change in land use zone has been approved or the permits described in Section 16.83.090 are proposed for approval; and
|
A = the gross acreage proposed for development, deducting major
street rights-of-way (for streets having a right-of-way width of 84
feet or more), major SMUD or PG & E electrical transmission line
easements, railroad rights-of-way, parkways, wetlands, detention basins,
and major drainage channels which cannot be developed; and
|
D = the dwelling unit equivalent factor(s) for the land use
zone(s) included in the development; and
|
P = program fee per dwelling unit equivalent as shown in the
PFFP—Development Fee Program; and
|
N = number of dwelling units within the development.
|
B. For nonresidential development within Subzones 2, 3, and 4, the development fees per building permit set forth in Sections
16.83.090 and
16.83.100 shall be calculated pursuant to the following formula:
F = S x P
|
Where:
|
F = the development fee for each category of public facilities to be paid for each building permit by the owner of property for which a change in land use zone has been approved or the permits described in Section 16.83.090 are proposed for approval.
|
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 as shown in the PFFP—Development
Fee Program; and
|
C. For residential and nonresidential development within all Subzones, the administration fee per building permit set forth in Sections
16.83.090 and
16.83.100 shall be calculated pursuant to the following formula:
F = T x 3%
|
Where:
|
F = the administration fee to be paid for each dwelling unit for residential development, or for each building permit for nonresidential development, by the owner of property for which a change in land use zone has been approved or the permits described in Section 16.83.090 are proposed for approval.
|
T = the sum of the development fees for all category of public facilities to be paid for each dwelling unit for residential development, or for each building permit for non-residential development, before any applicable credits pursuant to Section 16.83.150, 16.83.170, or 16.83.180 are applied, by the owner of property for which a change in land use zone has been approved or the permits described in Section 16.83.090 are proposed for approval.
|
D. The development fees 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 facilities established by Section
16.83.120, which are applicable.
E. For the purpose of calculating PFFP development fees pursuant to subsections
A,
B,
C,
D and
J of this section for properties with an approved use permit which significantly changes the underlying use of the site or properties within a Special Planning Area, the Planning Director is hereby authorized to determine the land use zone which corresponds most directly to the use and density.
F. For the purpose of calculating PFFP development fees pursuant to subsections
A,
B,
C, and
D of this section for building permits for dwelling units not associated with a recorded residential subdivision, non-residential development, or multiple family development, or for land use categories not included in this ordinance, the Planning Director is hereby authorized to determine the appropriate land use zone which corresponds most directly to the use and density.
G. For the purpose of calculating PFFP development fees pursuant to subsections
A,
B,
C, and
D of this section for properties with the use of mini-storage regardless of the underlying land use designation, the development fees shall be calculated as if the property is located in an M1 land use zone.
H. For the purpose of calculating PFFP development fees pursuant to subsections
A,
B,
C, and
D of this section for service stations, the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated from outside of the PFFP area shall include the square footage underneath all canopies.
I. For the purpose of calculating Vineyard Roadway development fees pursuant to subsections
A,
B,
C, and
D of this section for properties with the use of hotel/motel regardless of the underlying land use designation, the development fees shall be calculated as if the property is located in a BP land use zone and the floor area in additional square feet of buildings proposed to be constructed, improved or relocated from outside of the PFFP area shall exclude the square footage to be used for indoor pools and spas.
J. Notwithstanding subsections
A,
B,
C and
D of this section, the roadway development fee for developments within Subzone 1 shall be calculated based upon a contribution to the Calvine Road/Highway 99 Interchange and Power Inn/Auberry Improvements as detailed in the PFFP – Development Fee Program.
K. Notwithstanding subsections
A,
B,
C and
D of this section, all development fees for nonresidential developments within the PFFP area for which all necessary zoning entitlements have been approved and for which a fully executed lease agreement was entered into by the property owner, for use of the property by another person or business, on or before April 1, 2006 and for which a building permit is issued on or before December 1, 2006 shall be calculated as detailed in the PFFP-Development Fee Program.
(SCC 1253 § 1, 2003; SCC
1311 § 1, 2005; SCC 1317 § 1,
2006)
A. The
dwelling unit equivalent factors for property within the PFFP area
are based on the PFFP-Development Fee Program.
B. The
dwelling unit equivalent (DUE) factors utilized to calculate the roadway
development fees shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AG-80
|
0.01
|
AG-20
|
0.05
|
AR-10
|
0.10
|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1
|
1.00
|
RD-1
|
1.00
|
RD-2
|
2.00
|
RD-3
|
2.80
|
RD-4
|
3.50
|
RD-5
|
4.10
|
RD-6
|
4.90
|
RD-7
|
5.70
|
RD-9
|
6.50
|
RD-10
|
7.20
|
RD-12
|
8.60
|
RD-15
|
9.50
|
RD-20
|
10.20
|
RD-25
|
12.00
|
RD-30
|
14.40
|
M1/M2
|
7.00
|
MP
|
18.00
|
BP
|
13.50
|
SC
|
13.40
|
GC
|
16.30
|
LC
|
16.30
|
TC
|
16.30
|
C. The
dwelling unit equivalent (DUE) factors utilized to calculate the park
improvement development fees shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AG-80
|
0.01
|
AG-20
|
0.05
|
AR-10
|
0.10
|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1
|
1.00
|
RD-1
|
1.00
|
RD-2
|
2.00
|
RD-3
|
2.90
|
RD-4
|
3.70
|
RD-5
|
4.50
|
RD-6
|
5.40
|
RD-7
|
6.30
|
RD-9
|
6.60
|
RD-10
|
7.40
|
RD-12
|
8.60
|
RD-15
|
10.20
|
RD-20
|
11.70
|
RD-25
|
13.80
|
RD-30
|
16.50
|
M1/M2
|
1.50
|
MP
|
3.50
|
BP
|
3.20
|
SC
|
2.10
|
GC
|
1.70
|
LC
|
2.50
|
TC
|
3.00
|
D. The
dwelling unit equivalent (DUE) factors utilized to calculate the transit
development fee shall be as follows:
Land Use Zones
|
DUE Factor
|
---|
AG-80
|
0.01
|
AG-20
|
0.05
|
AR-10
|
0.10
|
AR-5
|
0.20
|
AR-2
|
0.50
|
AR-1
|
1.00
|
RD-1
|
1.00
|
RD-2
|
2.00
|
RD-3
|
2.90
|
RD-4
|
3.60
|
RD-5
|
4.10
|
RD-6
|
4.90
|
RD-7
|
5.50
|
RD-9
|
11.00
|
RD-10
|
12.20
|
RD-12
|
14.60
|
RD-15
|
18.30
|
RD-20
|
38.10
|
RD-25
|
44.80
|
RD-30
|
53.70
|
M1/M2
|
9.20
|
MP
|
24.40
|
BP
|
36.90
|
SC
|
66.40
|
GC
|
52.80
|
LC
|
52.80
|
TC
|
17.60
|
(SCC 1253 § 1, 2003; SCC
1541 § 5, 2013)
A. Upon application by the property owner or authorized agent, the Administrator may authorize the construction of any 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 PFFP-Development Fee Program in lieu of all, or a portion of, the roadway development fee required by this chapter. If so authorized, the credit for such in lieu construction to be provided to the property owner shall be equal to the estimated cost of the facility as set forth in the PFFP-Development Fee Program in effect at the time when the credit agreement is approved, 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 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
16.83.100.
B. Where the amount of the credit is less than the amount of the otherwise applicable roadway development fee, the property owner must pay the difference as set forth in Section
16.83.100.
C. Where the amount of the credit is greater than the amount of the development fee, the property owner shall be paid the difference only from the applicable Vineyard Roadway Fund within a reasonable time after the project is accepted by the Agency pursuant to Section
16.83.160.
D. Where a facility is proposed for construction by the property owner within six months prior to the beginning of the fiscal year for which it is scheduled for construction in the PFFP-Development Fee Program and after that time, the Administrator at his or her discretion may either: (1) provide the property owner with a credit pursuant to this section; or (2) enter into a reimbursement agreement with the property owner pursuant to Section
16.83.160.
(SCC 1253 § 1, 2003)
A. Upon
application by the property owner or authorized agent, the Administrator
may enter into a reimbursement agreement authorizing the construction
of any roadway facilities, or portions thereof, designated in the
PFFP-Development Fee Program. 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 applicable Vineyard
Roadway Fund and/or the fund established through SCIP, if applicable.
B. The
amount of reimbursement shall be the estimated cost of the facility
as set forth in the PFFP-Development Fee Program in effect at the
time the construction contract is awarded for that specific facility.
The time of reimbursement shall be the end of the fiscal year in which
the facility is scheduled for construction in the PFFP-Development
Fee Program. If, for whatever reason, the County as of June 30th of
the program year does not make payments pursuant to reimbursement
agreements, the balance due will earn interest at the County Treasury
pool rate.
C. 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.
D. If the Administrator enters into an agreement authorized by subsection
A of this section, or credit agreement as authorized by Section
16.83.150(C) 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 applicable Vineyard Roadway Fund and/or the fund established through SCIP, if applicable.
E. Property owner or authorized agent shall apply for reimbursement as set forth in subsections
A,
B,
C and
D of 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 the ordinance codified in this chapter; whichever date is later. 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.
F. Those
specific reimbursement agreements identified in Table 1, estimated
to total one million $1,146,930.38, which have been entered into and
not paid on or before the effective date of the ordinance codified
in this section due and payable from the Elk Grove/West Vineyard Roadway
Fund, shall be payable from the Vineyard Roadway Fund and/or the fund
established through SCIP, if applicable.
(SCC 1253 § 1, 2003; SCC
1616 § 27, 2017)
A. Upon application by the property owner or authorized agent, the park facilities provider, the Southgate Recreation and Park District, may authorize the construction of any park and recreation facilities, or portions thereof, at the time and as designated in the PFFP-Development Fee Program in lieu of all, or a portion of, the park improvement development fee required by this chapter and may enter into a credit agreement pursuant to subsections
B,
C, and
D of this section or may enter into a reimbursement agreement pursuant to sub-sections E, F, and G of this section. If so authorized, the credit to be provided to the property owner shall be equal to the estimated cost of the facility as set forth in the PFFP-Development Fee Program in effect at the time when the credit agreement is approved, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must first be accepted by the park facilities provider, the Southgate Recreation and Park District or otherwise authorized by said park facilities provider, prior to credit being given and issuance of any of the approvals set forth in Section
16.83.100.
B. Where the amount of the credit is less than the amount of the otherwise applicable park improvement development fee, the property owner must pay the difference as set forth in Section
16.83.100.
C. Where
the amount of the credit is greater than the amount of the development
fee, the property owner shall be paid the difference only from the
applicable Vineyard SRPD Park Improvement Fund or the VSCP SRPD Park
Improvement Fund within a reasonable time after the project is accepted
by the park facilities provider.
D. If
the parks facilities provider and a property owner agree, the property
owner may receive a credit against the park improvement development
fee in an amount not to exceed the value of property conveyed to the
provider as determined by the park facilities provider.
E. Upon
application by the property owner or authorized agent, the park facilities
provider, the Southgate Recreation and Park District, may enter into
a reimbursement agreement authorizing the construction of any park
facilities, or portions thereof, designated in the PFFP—Development
Fee Program. 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 applicable Vineyard SRPD Park Improvement
Fund or the VSCP SRPD Park Improvement Fund and/or the fund established
through SCIP, if applicable.
F. The
amount of reimbursement shall be the estimated cost of the facility
as set forth in the PFFP—Development Fee Program in effect at
the time the construction contract is awarded for that specific facility.
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.
(SCC 1253 § 1, 2003; SCC
1616 § 28, 2017)
A. Upon application by the property owner or his or her authorized agent, the Sacramento Regional Transit District may authorize the construction of any transit facilities, or portions thereof, at the time and as designated in the PFFP—Development Fee Program in lieu of all, or a portion of, the transit development fee required by this chapter. If so authorized, the credit to be provided to the property owner shall be equal to the estimated cost of the facility as set forth in the PFFP—Development Fee Program in effect at the time when the credit agreement is approved, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must first be accepted by the Sacramento Regional Transit District prior to credit being given and issuance of any of the approvals set forth in Section
16.83.100.
B. Where the amount of the credit is less than the amount of the otherwise applicable transit development fee, the property owner must pay the difference as set forth in Section
16.83.100.
C. Where
the amount of the credit is greater than the amount of the development
fee, the property owner shall be paid the difference only from the
Vineyard Transit Fund within a reasonable time after the project is
accepted by the Sacramento Regional Transit District.
D. If
the transit facilities provider and a property owner agree, the property
owner may receive a credit against the transit development fee in
an amount not to exceed the value of property conveyed to the provider
as determined by the Sacramento Regional Transit.
(SCC 1253 § 1, 2003)
To the extent property within Subzone 2 is subject to the Power
Inn Road Assessment District, such property shall be credited with
payment of Vineyard roadway development fees in the total amount of
the principal and interest paid for such assessments as determined
by the Administrator.
(SCC 1253 § 1, 2003)
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 development unit for each type
of development 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 development unit shall be calculated by multiplying the adjustment factor, as calculated in subsection
B of this section, by the program fee per development unit 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
16.83.150,
16.83.160,
16.83.170 and
16.83.180 shall be adjusted using the same adjustment factor pursuant to subsections
A,
B and
C of this section.
(SCC 1253 § 1, 2003; SCC
1416 § 1, 2009; SCC 1450 § 1,
2010; SCC 1485 § 1, 2011; SCC 1501 § 1, 2011; SCC 1527 § 1,
2013; SCC 1552 § 1, 2014)
In the event a building permit expires pursuant to the County
Building and Construction Code, a claim for refund of the development
fees paid in connection with the expired building permit may be filed
by the applicant or designee who paid the development 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 1473 § 1, 2010)
In the event a building permit, whether issued before or after the effective date of the ordinance codified in this chapter, expires pursuant to the County Building and Construction Code, 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 fees in effect on the date of issuance are paid. If refunds were granted pursuant to Section
16.83.202, such building permit may be issued only if all development fees imposed pursuant to this chapter in effect on the date of issuance are paid, including the administration fee.
(SCC 1473 § 2, 2010)
A. This chapter is intended to establish a supplemental method for funding the cost of certain facilities the need for which will be generated by the level and type of development proposed in the Vineyard Springs Comprehensive Plan Community Plan or the applicable portions of the Elk Grove/West Vineyard Community Plan. 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 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, rezoning or other entitlements within the 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 Public Works Agency Improvement Standards; (2) the Quimby Act (
Government Code Section 66477 et seq.) and implementing ordinances (Chapter
22.40 of this code); and (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 Sections
16.83.150 and
16.83.160 shall not include the funding, construction or dedications described in this section.
B. The construction of facilities by a private owner pursuant to Section
16.83.150,
16.83.160,
16.83.170, or
16.83.180 shall be performed and contracted for only as required by law, including, but not limited to, compliance with the Agency's Improvement Standards, and requirements for public works, if applicable to the particular facility.
(SCC 1253 § 1, 2003)
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
16.83.100 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
16.83.100. 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 § 29, 2017)
The Vineyard 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 Vineyard 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 Vineyard fee amount that the primary
dwelling unit would pay; or
(b) The rate for an RD-20 unit with one occupant.
TABLE 1
Outstanding Reimbursement Agreements
Obligated under the Elk Grove/West Vineyard Roadway Fund
Payable from the Vineyard Roadway Fund
|
---|
Project Description
|
Amount of Reimbursement
|
BOS Resolution No. and Approval Date
|
---|
Reimbursement Agreement with KB Home North Bay, Inc. for the
Construction of a Traffic Signal at the Elk Grove-Florin Road/ Tiogawoods
Drive Intersection
|
$ 151,594.00
|
2002-1004 8/20/02
|
Reimbursement Agreement with H. C. Elliott, Inc. for Construction
of the Four-Lane Waterman Road from Calvine Road to Vintage Park Drive
|
580,437.00
|
94-1319
10/4/94
|
Reimbursement Agreement with H. C. Elliott, Inc. for the Construction
of a Portion of Waterman Road Associated with Churchill Downs Unit
Nos. 2A and 2C
|
341,980.38
|
2002-0238
2/26/02
|
Reimbursement Agreement with H. C. Elliott, Inc. for Construction
of a Portion of Waterman Road-Vintage Park Drive to 1 mi. south of
Gerber Road
|
57,919.00
|
94-1320
10/4/94
|
Amendment to Reimbursement Agreement with H. C. Elliott, Inc.
for the Design of Improvements to the Intersection of Vintage Park
Drive and Bradshaw Road
|
15,000.00
|
2002-1003
8/20/02
|
Total Pending Reimbursements
|
$ 1,146,930.38
|
|
(SCC 1641 § 1, 2019; SCC
1661 § 6, 2020)