A. 
The Sacramento Transportation Authority Ordinance No. STA-04-01 ("STA Ordinance"), approved by Sacramento County voters in 2004, imposes a 0.5 percent retail transactions and use tax that is statutorily dedicated to transportation planning, design, construction, operation and maintenance in Sacramento County.
B. 
The STA Ordinance further establishes a 30-year Sacramento Countywide Transportation Mitigation Fee Program ("SCTMFP") to be implemented by the County during the period April 1, 2009 through March 31, 2039.
C. 
The STA Ordinance further requires that, as a condition of receiving its allocation of local street and road maintenance formula funds from retail transaction and use tax revenues, the County and each incorporated city must adopt the 30 year SCTMFP fee.
D. 
The purpose of this chapter is to implement the STA Ordinance and to adopt the SCTMFP, effective April 1, 2009 through March 31, 2039.
(SCC 1409 § 1, 2009)
A. 
"AB 1600" means the Mitigation Fee Act set forth in Government Code Sections 66001 – 60025.
B. 
"Administrative Fees" means the share of the SCTMFP fee that is allocated to fund the cost of the SCTMFP administration.
C. 
"Department" means the County of Sacramento Department of Transportation.
D. 
"Development Project" or "Project" shall have the same meaning as provided in Government Code Section 66000(a), as such section may be amended from time to time.
E. 
"Director" means the Director of the Sacramento County Department of Transportation.
F. 
"Executive Director" means the Executive Director of the Sacramento Transportation Authority.
G. 
"Expenditure Plan" means the Sacramento County Measure A Transportation Expenditure Plan 2009-2039 that was adopted as part of the STA Ordinance.
H. 
"Governing Board" means the Governing Board of the Sacramento Transportation Authority.
I. 
"Independent Taxpayer Oversight Committee" means a committee appointed by the STA Governing Board as required by the ordinance to supervise New Measure A fiscal and performance audits regarding the use of all sales tax funds and to provide independent review to ensure that all New Measure A funds are spent in accordance with the provisions of the ordinance.
J. 
"Industrial Use" means any development project that involves manufacturing, transportation, logistics, or similar uses.
K. 
"Measure A" or "the STA Ordinance" means Sacramento Transportation Authority Ordinance No. STA-04-01.
L. 
"Multifamily Residential Use" means any development project that uses a single parcel for two or more dwelling units within one or more buildings, including duplexes, townhouses, condominiums, and apartments.
M. 
"Office Use" means any development project that involves business activities, associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices, personal services, or similar uses. "Office Use" also includes any other commercial use not specifically listed in Section 16.91.040(B) that is neither retail, nor industrial use.
N. 
"Participating Agencies" means the County of Sacramento, the City of Citrus Heights, the City of Elk Grove, the City of Folsom, the City of Galt, the City of Isleton, the City of Rancho Cordova, and the City of Sacramento. Each may be referred to individually as "Participating Agency."
O. 
"Retail Use" means any development project that involves retailing of merchandise, generally without transformation, retail food services, and rendering services incidental to the sale of merchandise at a fixed point of sale.
P. 
"Sacramento Countywide Transportation Mitigation Fee Program" or "SCTMFP" means the 30 year transportation mitigation fee program established by the Ordinance.
Q. 
"SCTMFP Fee" or "Fee" means the fee imposed pursuant to the SCTMFP.
R. 
"Senior Residential Use" means any development project that qualifies as housing for older persons pursuant to Government Code Section 12955.9.
S. 
"Single-Family Residential Use" means any development project that uses a single parcel for only one residential dwelling unit. "Single-family residential use" also includes any development project that involves one primary dwelling and one accessory dwelling on a single lot.
(SCC 1409 § 1, 2009)
A. 
There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the SCTMFP Fund or other appropriate accounting mechanism.
B. 
Administrative fees revenues from SCTMFP revenues collected pursuant to this chapter shall be deposited in the SCTMFP Administrative Fund, and shall be expended by the Department or its successor Department solely to pay the costs associated with the administration of the SCTMFP.
C. 
The SCTMFP Administrative Fund shall be administered by the Director.
(SCC 1409 § 1, 2009)
A. 
The Sacramento Countywide Transportation Mitigation Fee (SCTMF) is hereby established to fund transportation, design, construction, operation and maintenance in Sacramento County. The SCTMF is hereby implemented as a condition of receiving the County's allocation of local street and road maintenance funds statutorily dedicated pursuant to STA Ordinance No. STA-04-01.
B. 
Uniform Fee. Effective April 1, 2009, the County shall collect the applicable uniform SCTMFP fee for each development project occurring within the County's jurisdiction. The applicable fee for each use is as follows:
Single-Family Residential:
$1,000 per unit
Senior:
$ 800 per unit
Multifamily Residential:
$ 700 per unit
Senior:
$ 600 per unit
Office Use:
$1,200 per 1,000 square feet
Retail Use:
$3,705 per 1,000 square feet
Industrial Use:
$ 800 per 1,000 square feet
Hotel/motel
$ 580 per sleeping room
Golf course
$ 833 per acre
Movie theater
$1,904 per screen
Religious center
$ 932 per 1,000 square feet
Hospital
$1,678 per 1,000 square feet
Service station
$1,300 per fueling pump
Supermarket
$2,110 per 1,000 square feet
Warehouse/self storage
$ 250 per 1,000 square feet
This fee schedule may from time to time be amended by resolution of the Board of Supervisors.
C. 
Annual Adjustment. Beginning in 2010, the Sacramento Transportation Authority ("STA") shall annually adjust the SCTMFP fee schedule to reflect change in construction costs based on the McGraw-Hill Engineering News Record (ENR) 20-City Construction Cost Index. The adjustment will take effect July 1st, and STA shall notify participating agencies of the required annual adjustment at least 60 days in advance of the effective date.
D. 
Calculation of Fee for Nonresidential Projects. For nonresidential projects, the amount of the fee imposed on the entire Development Project shall be determined based upon: (1) gross building square footage; and (2) the predominant use (80% or more) of the building or structure as identified in the building permit. Where no one use comprises 80% or more of the building or structure, the amount of the fee imposed shall be proportionally determined based on those uses that constitute 25% or more of the building or structure.
E. 
Calculation of Fee for Mixed Residential/Nonresidential Projects. For projects that include both residential and nonresidential uses, the amount of the fee imposed on the entire development project shall be proportionally determined based on the fees associated with the various residential and nonresidential uses.
(SCC 1409 § 1, 2009; SCC 1592 § 1, 2016)
A. 
No building permit shall be approved for a development project within the unincorporated area unless the SCTMFP for that property is paid as required by this chapter.
B. 
The amount of the SCTMFP fees shall reflect the fee schedule in effect at the time of payment.
C. 
SCTMFP fees shall not be waived.
(SCC 1409 § 1, 2009)
The SCTMFP imposed pursuant to this chapter shall apply to all development projects within the jurisdiction of the County for which building permits are issued on or after April 1, 2009, unless an exemption applies pursuant to Section 16.91.100.
(SCC 1409 § 1, 2009)
The County shall remit SCTMFP fees collected to the Authority on a semi-annual basis, within 60 days after June 30th and December 31st of each calendar year. The first remittance shall be due on or before August 31, 2009, for the period ending June 30, 2009. Each remittance shall be accompanied by a report specifying the fee generating activity for the reporting period within the County's jurisdiction, including information as to all permits issued by use, square footage for nonresidential projects, any exemptions granted, and such other information as may be deemed appropriate by the Executive Director. The Executive Director shall separately account for the County's SCTMFP fees as part of the aggregate SCTMFP account and will prepare semi-annual reports for presentation to the Independent Taxpayer Oversight Committee and the STA Governing Board.
(SCC 1409 § 1, 2009)
The Executive Director, in coordination with the Independent Taxpayer Oversight Committee, shall establish a program to audit the County's implementation of the SCTMFP fees and STA's expenditure of the SCTMFP fees.
(SCC 1409 § 1, 2009)
STA shall distribute SCTMFP fees received, and any proceeds of fee-based financing(s), to local jurisdictions for expenditure in accordance with the STA Ordinance, a five-year SCTMFP program annually updated and approved by the STA Governing Board, applicable resolutions of the STA, Measure A allocation and expenditure contracts between the STA and local jurisdictions, and AB 1600.
(SCC 1409 § 1, 2009)
The following development projects shall not be subject to the SCTMFP fee:
A. 
The rehabilitation or reconstruction of any lawful residential structure including an expansion of an existing dwelling unit that does not create an additional dwelling unit.
B. 
The rehabilitation or reconstruction of any nonresidential structure where there is no net increase in square footage. Any increase in square footage shall pay the established applicable fee rate for that portion of square footage that is new.
C. 
New low income housing as defined in Health and Safety Code Section 50079.5 and very low income housing as defined in Health and Safety Code Section 50105.
D. 
Any development project that is the subject of a valid development agreement entered into pursuant to Government Code Section 65864 prior to April 1, 2009, that includes a provision exempting it from future fees or fee increases; provided, however, that if the term of such a development agreement is extended after April 1, 2009, the SCTMFP shall be imposed.
E. 
Any development project for which an application for a vesting tentative map authorized by Government Code Section 66498.1 was deemed complete prior to April 1, 2009.
(SCC 1409 § 1, 2009; SCC 1592 § 2, 2016)
A. 
A building permit applicant may request a reduction in the otherwise applicable SCTMFP fee in accordance with the following: Where a new project changes the prior established use of an existing building, the SCTMFP may be applied only to the extent that the new use increases average daily trips (ADTs) over the prior use. Determination of ADTs for the purpose of comparing previous and proposed uses shall be by reference to trip generation rates obtained from the Institute of Traffic Engineers ("ITE").
B. 
Where the County determines a project qualifies for a credit pursuant to this section, it shall determine the fee reduction by comparing the rates applicable to the prior and new uses as designated in the SCTMFP Fee Schedule and calculating the resulting offset. In the alternative, where a proposed land use is not clearly listed in the Fee Schedule, the fee shall be calculated as follows: (1) calculate the difference between previous ADTs and new ADTs at the property; (2) multiply the result by the normalized cost per trip.
(SCC 1592 § 3, 2016)