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 FVCP area minus the acreage
of the major street right-of-way of those standard arterials or standard
thoroughfares having a right-of-way width of 74 feet or more as 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 or other
areas that cannot be developed subject to the Administrator's discretion.
C. "Administrator"
means the Deputy County Executive of the Public Works and Infrastructure
Agency.
D. "Age
Restricted" means a residential subdivision, townhouse, or multifamily
development designated as a senior or elderly housing project under
applicable State or Federal law and subject to restrictions as to
the age of one or more residents of each of the units.
E. "Agency"
means the Public Works and Infrastructure Agency.
F. "Ag-res
Accessory Dwelling Unit" means an Accessory Dwelling Unit to be constructed
that is attached to or detached from, a primary residence on a parcel
zoned AR1, AR2, AR5, AR10, AG20 or AG80 and existing on or before
the original effective date of the ordinance which enacted this chapter.
G. "Board"
means the Board of Supervisors of the County of Sacramento.
H. "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.
I. "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.
J. "County"
means the County of Sacramento.
K. "CSCDA"
means the California Statewide Communities Development Authority.
L. "Development
Impact Fee" means the fee levied by this chapter upon the approval
of Building Permits within the FVCP area.
M. "Development
Unit" means dwelling unit equivalent for Residential Development or
square foot for Nonresidential Development.
N. "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.
O. "Estimated
Cost" means the cost of constructing a facility, as set forth in the
FVCP Development Impact Fee Program Nexus Study. For facilities that
are under design or construction, the Estimated Costs are based on
the engineer's estimates and for the rest of the programmed facilities,
the Estimated Costs are based upon the unit costs for each construction
item plus a fixed percentage for right-of-way, inspection, environmental
document, design and construction survey, engineering and contingencies.
P. "Facilities"
means those public facilities designated in the FVCP Development Impact
Fee Program Nexus Study.
Q. "Florin
Vineyard Community Plan (FVCP) Area" means all property located within
those geographic areas as depicted in Figure 1 attached to the ordinance
codified in this chapter and incorporated herein by reference. Figure
1 is on file with the Special Districts Section of the Public Works
and Infrastructure Agency and is by this reference incorporated herein.
R. "FVCP Administration Fund" means that special interest-bearing trust fund established pursuant to Section
16.85.030.
S. "FVCP
Development Impact Fee Program Nexus Study (FVCP Fee Program)" means
the plan, including any amendments thereto, adopted by resolution
by the Board for financing of designated Facilities within the FVCP
Area, including, but not limited to, a designation of those Facilities
to be constructed with the Development Impact 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 FVCP Area.
T. "FVCP Other Jurisdiction Roadway Fund" means that special interest-bearing trust fund established pursuant to Section
16.85.040.
U. "FVCP Park Fund" means that special interest-bearing trust fund established pursuant to Section
16.85.050.
V. "FVCP Roadway and Frontage Lane Fund" means that special interest-bearing trust fund established pursuant to Section
16.85.060.
W. "FVCP Transit Fund" means that special interest-bearing trust fund established pursuant to Section
16.85.070.
X. "Local
Roadway Facilities" means roadway and frontage lane facilities that
are not included in the Sacramento County Transportation Development
Fee (SCTDF) Program, including, but not limited to, fronting access
traffic signals on minor streets intersecting an arterial or a thoroughfare,
frontage lanes on an arterial or a thoroughfare not included in SCTDF
Program, and shoulder widening.
Y. "Nonresidential
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,
town homes, condominiums, apartments, manufactured homes and mobile
homes.
Z. "Planning
Director" means the Director of Planning and Environmental Review.
AA. "Regional
Roadway Facilities" means roadway and frontage lane facilities that
overlap with facilities included in SCTDF Program, including, but
not limited to, roadway widening on an arterial or a thoroughfare
(may or may not include the frontage lane), intersection and signal
improvements on arterial and thoroughfare, modification of existing
traffic signals on arterials and/or thoroughfare with minor streets,
culvert crossings, bridges, and at grade railroad crossing.
BB. "Program
Fee" means the Development Impact Fee per Development Unit for a particular
category of Facilities. 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 FVCP Fee Program for the particular category.
CC. "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.
DD. "SCIP"
means the Statewide Community Infrastructure Program of the CSCDA.
EE. "Trigger"
means cumulative number of residential lots that can be recorded as
final maps or parcel maps in the FVCP area before the construction
of certain transportation improvements as required and specified in
Appendix D of the FVCP.
FF. "Vacant
Parcel" means a parcel with a tax assessor code of vacant residential
and which is zoned AR1, AR2, AR5, AR10, AG20 or AG80.
(SCC 1640 § 1, 2019; SCC
1661 § 9, 2020; SCC 1665 § 1,
2020)
No change in a land use designation shall be approved within
the FVCP Area unless payment of the Development Impact Fees established
by this chapter by the property owner is required as a condition of
such approval. No Building Permit shall be approved for property within
the FVCP Area unless the Development Impact Fees for that property
are paid as required by this chapter.
(SCC 1640 § 1, 2019)
The Development Impact Fees imposed pursuant to this chapter shall be paid by the property owner to the Agency prior to the approval of any Building Permits, in an amount calculated pursuant to Section
16.85.120. The fees shall be calculated following 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 as of the date of and paid upon issuance of the Building Permits. For projects that participate in SCIP, Section
16.85.240 shall apply.
(SCC 1640 § 1, 2019)
A separate Development Impact Fee is hereby established and
shall apply to all properties within the FVCP Area for each of the
following categories:
A. FVCP
roadway and frontage lane;
B. FVCP
other jurisdiction roadway;
E. FVCP
administration.
For the purpose of this section, the FVCP other jurisdiction
roadway Development Impact Fee will only apply when a FVCP Area operational
agreement is entered into with the City of Sacramento. Prior to the
adoption of such agreement, no FVCP other jurisdiction roadway Development
Impact Fee will be collected.
|
(SCC 1640 § 1, 2019)
The FVCP Fee Program Development Impact Fees shall not be applied
to Vacant Parcels within the FVCP Area existing on or before the original
effective date of the ordinance which enacted this chapter. Vacant
Parcels which are created subsequent to the effective date of the
ordinance shall be subject to the FVCP Fee Program Development Impact
Fees.
(SCC 1640 § 1, 2019)
The FVCP Fee Program Development Impact Fees shall not be applied
to Ag-res Accessory Dwelling Units within the FVCP Area nor shall
they be applied to any 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 FVCP 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 Mather Field fee amount that the primary
dwelling unit would pay; or
(b) The rate for an RD-20 unit with one occupant.
(SCC 1640 § 1, 2019; SCC
1661 § 10, 2020)
In the event a Building Permit expires pursuant to the County
Building and Construction Code or 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 1640 § 1, 2019)
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 Buildings 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 Impact Fees imposed pursuant to this chapter and in effect on the date of issuance is paid. If refunds were granted pursuant to Section
16.85.170, 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 1640 § 1, 2019)
A. Upon
application by the property owner or authorized agent, the Administrator
may at his or her discretion enter into a credit/reimbursement agreement,
pursuant to this section, authorizing the construction of, dedication
of right-of-way (ROW) for and/or advanced funding of any roadway and
frontage lane facilities, or portions thereof, designated in the FVCP
Fee Program in lieu of all, or a portion of, the roadway or frontage
lane Development Impact Fees required by this chapter. The agreement
shall set forth the amount to be credited or reimbursed, the time
and manner in which credits are applied or payments are to be made,
and shall require reimbursement only from the applicable FVCP Roadway
and Frontage Lane Fund, and/or the fund established through SCIP,
if applicable.
B. The
total amount eligible for credit or reimbursement for the roadway
and frontage lane Facilities constructed by private development shall
be the actual cost of constructing the facility including costs such
as engineering design, design surveys, construction surveys, construction
inspection and materials testing, ROW and contingency, up to the Estimated
Cost as set forth in the FVCP Fee Program at the time of project acceptance.
C. At
the time of the execution of the agreement, the estimated amount eligible
for credit or reimbursement for such construction or advancement of
funds will be set at the Estimated Cost of the facility as contained
in the FVCP Fee Program in effect at the time, including, but not
limited to, unit prices, quantities and project descriptions.
D. The construction of any facility authorized by this section must be accepted by the Agency prior to reimbursement or credit, or, in the case of a credit, the property owner shall 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 Building Permit, pursuant to Sections
16.85.080 and
16.85.090.
E. Credit shall be given for construction of, dedication of right-of-way for, and advanced funding of Local and Regional Roadway Facilities that are triggered for the specific development phase pursuant to Appendix D of the FVCP. The allowable amount of the credit for each building permit is up to 11% of the amount of the otherwise applicable roadway and frontage lane Development Impact Fee for the construction of the Local Roadway Facilities and/or up to 89% of the amount of the otherwise applicable roadway and frontage lane Development Impact Fee for the construction of the Regional Roadway Facilities. If only Local Roadway Facilities are constructed, a minimum of 89% of the roadway and frontage lane Development Impact Fee shall be paid and reserved for the Regional Roadway Facilities within the FVCP Fee Program roadway and frontage lane capital improvement plan. Conversely, if only Regional Roadway Facilities are constructed, a minimum of 11% of the roadway and frontage lane Development Impact Fee shall be paid and reserved for the Local Roadway Facilities within the FVCP Fee Program roadway and frontage lane capital improvement plan. Construction of and dedication of right-of-way for Local and/or Regional Roadway Facilities that are not Triggers for that specific development phase is not eligible for credit. They are eligible for reimbursement pursuant to subsection
I of this section.
F. Where the amount of the credit is greater than the 11% and/or 89% of the otherwise applicable roadway and frontage lane Development Impact Fee for the construction of Local and/or Regional Roadway Facilities that are triggered for the specific development phase pursuant to Appendix D of the FVCP, the property owner shall be paid the difference only from the applicable FVCP Roadway and Frontage Lane Fund pursuant to subsection
H of this section.
G. 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 FVCP Fee Program 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 FVCP Fee Program, 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 FVCP Fee Program 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 subsection
H of this section; and (3) notwithstanding the foregoing, if within a two year time period, a property owner constructs two or more roadway and frontage lane facilities, the County may allocate the difference calculated pursuant to subsection (G)(1) above of one roadway and frontage lane facility project to another of the roadway and frontage lane facility projects if the actual cost of such roadway and frontage lane facility project exceeds its Estimated Costs contained in the FVCP Fee Program at the time of acceptance of the project.
H. Any eligible amount to be provided to the property owner for the construction, ROW dedication, or advanced funding of the Local and Regional Roadway Facilities identified in the FVCP Fee Program roadway and frontage lane capital improvement plan as set forth in subsections
A,
B,
C,
D,
E,
F, and
G of this section that is not credited to the property owner shall be reimbursed to the property owner based on the phase of development by which the improvements are triggered and the acceptance date of the improvement, or the date of advancement of the funds. The reimbursement is further subject to the availability of FVCP Fee Program Roadway and Frontage Lane Funds. Notwithstanding the foregoing, if such amount is for a facility that is also funded by a community facilities district, the reimbursement will be subject to the limitations set forth in subsection
I of this section.
I. Reimbursement
of any Facilities designated in the FVCP Fee Program that are also
funded by a community facilities district shall only be made to the
community facilities district that funded the facility.
J. By
entering into a credit/reimbursement agreement, a property owner is
not relieved of the obligation to pay the Development Impact Fees
in the manner and amount specified by this chapter.
K. If the Administrator enters into an agreement authorized by subsection
A of this section, 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 Impact Fees deposited in the applicable FVCP Roadway and Frontage Lane Fund, and/or the fund established through SCIP, if applicable.
L. Property
owner or authorized agent shall apply for credit or reimbursement
as set forth in this section no later than four years after the roadway
and frontage lane project is constructed and accepted. Property owner
shall waive the right of reimbursement for construction costs payable
under this section when the reimbursement is not applied for within
said four-year limitation.
(SCC 1640 § 1, 2019; SCC
1665 § 2, 2020)
Beginning March 1, 2020, 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 2020 adjustment factor shall be computed by dividing the "mean" index as calculated in subsection
A of this section by the "mean" index of the month that the FVCP Fee Program was adopted, and for subsequent years, 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 plan and for calculating credits and reimbursements pursuant to Sections
16.85.190,
16.85.200 and
16.85.210 shall be adjusted using the same adjustment factor pursuant to subsections
A,
B and
C of this section.
(SCC 1640 § 1, 2019)