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; SCC 1746, 12/3/2024)
A. 
"AB 602" means Assembly Bill 602 (Chapter 491, Statutes of 2019) that amended Sections 65940.1 and 66019 of, and added Section 66016.5 to the Government Code, and added Section 50466.5 to the Health and Safety Code, relating to land use, development impact fees, and impact fee nexus studies.
B. 
"AB 1600" means the Mitigation Fee Act set forth in Government Code Sections 66001—60025.
C. 
"Accessory Dwelling Unit" (ADU) means an attached or detached permanent dwelling unit that provides complete independent living facilities (permanent provisions for living, sleeping, eating, cooking, and sanitation) for one or more persons and which is located on a lit with a proposed or existing primary dwelling.
D. 
"Affordability requirement" means a condition of approval imposed on residential development projects that requires the project to include a certain percentage of units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Health and Safety Code Sections 50079.5, 50093, 50105, and 50106, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.
E. 
"Building Permit" means the permit issued or required by the County for the construction, improvement or remodeling of any structure pursuant to and as defined by the Sacramento County Buildings and Construction Code.
F. 
"Certificate of Occupancy" means the document issued by the County's Building Permits and Inspection ("BPI") section certifying that the newly constructed building or structure has been inspected and complies with all applicable state and local laws, ordinances, rules, and regulations governing construction and occupancy or, for a building or structure that does not receive this document, the Building Permit signed by BPI after the building or structure passes final inspection.
G. 
"County" means the County of Sacramento, a political subdivision of the State of California.
H. 
"Department" means the County of Sacramento Department of Transportation.
I. 
"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.
J. 
"Director" means the Director of the Sacramento County Department of Transportation.
K. 
"Executive Director" means the Executive Director of the Sacramento Transportation Authority.
L. 
"Expenditure Plan" means the Sacramento County Measure A Transportation Expenditure Plan 2009-2039 that was adopted as part of the STA Ordinance.
M. 
"Governing Board" means the Governing Board of the Sacramento Transportation Authority.
N. 
"Housing Development" means a Development Project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use.
O. 
"Independent Taxpayer Oversight Committee" means a committee appointed by the STA Governing Board as required by the STA 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.
P. 
"Industrial Use" means any Development Project that involves manufacturing, transportation, logistics, or similar uses.
Q. 
"ITE Trip Generation Manual" means the Trip Generation Manual, 11th Edition, Institute of Transportation Engineers (ITE), September 2021.
R. 
"Low income" and "very low income" housing are as defined in Health and Safety Code Sections 50079.5 and 50105, respectively.
S. 
"Measure A" or "the STA Ordinance" means Sacramento Transportation Authority Ordinance No. STA-04-01.
T. 
"Measure A Nexus Study" means the Development Impact Fee Study dated June 2, 2006, as originally adopted by the STA by Resolution No. 06-0006 and updated by the 2024 Nexus Study Update Report dated May 24, 2024 adopted by the STA by Resolution No. 24-0005.
U. 
"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, but excluding an Accessory Dwelling Unit.
V. 
"Normalized cost per trip" means the medium-sized family residential fee rate listed in Section 2.1 of the Protocols Agreement divided by the average weekday trip generation rate for a single-family residence (9.44) per the ITE Trip Generation Manual. The normalized cost per trip is $167 and will be adjusted annually.
W. 
"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.
X. 
"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."
Y. 
"Protocols Agreement" means the New Measure A Sacramento Countywide Transportation Mitigation Fee Program Agreement on Operating Protocols, dated August 2024, between the County and STA, as approved by the STA Governing Board on August 8, 2024, by Resolution No 24-006, and the County's Board of Supervisors on November 5, 2024, by Resolution No. 2024-0891, or as may be subsequently amended from time to time.
Z. 
"Reduced Parking Availability" means a Development Project for which State law requires the County to approve the project with reduced parking, including without limitation, projects pursuant to Government Code Sections 65913.4 and 65915.
AA. 
"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.
BB. 
"Sacramento Countywide Transportation Mitigation Fee Program" or "SCTMFP" means the 30-year transportation mitigation fee program established by the STA Ordinance.
CC. 
"SCTMFP Fee" or "Fee" means the fee imposed pursuant to the SCTMFP.
DD. 
"Senior Residential Use" means any Development Project that qualifies as housing for older persons pursuant to Government Code Section 12955.9.
EE. 
"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 Unit on a single lot.
FF. 
"STA" means the Sacramento Transportation Authority.
GG. 
"Transit Oriented Development" means a housing development that satisfies all of the following characteristics: (a) the housing development is located within one-half mile of a transit station and there is direct access between the housing development and the transit station along a barrier-free walkable pathway not exceeding one-half mile in length; (b) convenience retail uses, including a store that sells food, and located within one-half mile of the housing development; and (c) the housing development provides either the minimum number of parking spaces required by the local ordinance, or no more than the onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less.
HH. 
"Transit station" is as defined in paragraph (5) of subdivision (b) of Government Code Section 65460.1. That definition provides that "transit station" means a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. "Bus hub" and "bus transfer station" are further defined as:
1. 
"Bus hub" means an intersection of three or more bus routes, with a minimum route headway of 10 minutes during peak hours.
2. 
"Bus transfer station" means an arrival, departure, or transfer point for the area's intercity, intraregional, or interregional bus service having permanent investment in multiple bus docking facilities, ticketing services, and passenger shelters.
"Transit station" includes planned transit stations otherwise meeting this definition whose construction is programmed to be completed prior to the scheduled completion and occupancy of the housing development.
II. 
"Weekday trip generation per ITE" means a technically supportable methodology based on the ITE Trip Generation Manual to calculate the expected average weekday trip generation based on the type(s) and size of new land use set forth in the development application.
(SCC 1409 § 1, 2009; SCC 1746, 12/3/2024; SCC 1753, 3/11/2025)
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. All SCTMFP revenues collected pursuant to this Chapter shall be deposited in the SCTMFP Fund.
B. 
The SCTMFP Fund shall be administered by the Director or his/her designee.
(SCC 1409 § 1, 2009; SCC 1746, 12/3/2024)
A. 
The SCTMFP Fee is hereby established to fund transportation, design, construction, operation and maintenance in Sacramento County. The SCTMFP Fee 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 January 1, 2025, 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
Very Small (<800 sq.ft.)
$1,088
per unit
Small (801-1,200 sq.ft.)
$1,334
per unit
Medium-Small (1,201-1,600 sq.ft.)
$1,451
per unit
Medium (1,601-2,400 sq.ft.)
$1,574
per unit
Large (>2,400 sq.ft.)
$1,730
per unit
Single-Family Residential, Senior
Very Small (<800 sq.ft.)
$497
per unit
Small (801-1,200 sq.ft.)
$609
per unit
Medium-Small (1,201-1,600 sq.ft.)
$663
per unit
Medium (1,601-2,400 sq.ft.)
$719
per unit
Large (>2,400 sq.ft.)
$790
per unit
Multi-Family Residential
Very Small (<800 sq.ft.)
$995
per unit
Small (801-1,200 sq.ft.)
$1,221
per unit
Medium-Small (1,201-1,600 sq.ft.)
$1,327
per unit
Medium (1,601-2,400 sq.ft.)
$1,440
per unit
Large (>2,400 sq.ft.)
$1,582
per unit
Multi-Family Residential, Senior
Very Small (<800 sq.ft.)
$440
per unit
Small (801-1,200 sq.ft.)
$540
per unit
Medium-Small (1,201-1,600 sq.ft.)
$587
per unit
Medium (1,601-2,400 sq.ft.)
$637
per unit
Large (>2,400 sq.ft.)
$700
per unit
Accessory Dwelling Units
Very Small (<750 sq.ft.)
Exempt from fee
Otherwise (>750 sq.ft.)
Fee is based on the ratio of the floor area of the ADU compared to the primary unit, times the fee that would be charged on the primary unit, if the primary unit was being newly built.
Non-Residential Type Uses
Office Use
$1,807
1,000 square feet
Retail Use
$2,361
1,000 square feet
Industrial Use
$827
1,000 square feet
Hotel/Motel
$854
sleeping room
Extended Stay Hotel/Motel
$559
sleeping room
Hospital
$1,796
1,000 square feet
Service Station
$3,442
Fuel Pump
Supermarket
$1,078
1,000 square feet
Warehouse/Self-Storage
$238
1,000 square feet
Assisted Living Facility
$434
per bed
Congregate Care
$368
Per Unit
Child Day Care
$682
Per Student
Private School (K-12)
$414
Per Student
Auto Repair/Body Shop
$2,361
1,000 square feet
Gym/Fitness Center
$2,361
1,000 square feet
Drive-through Car Wash
$2,361
1,000 square feet
Normalized Cost per Trip
(All Other Uses)
$167
Per Weekday Trip
Notes:
1.
For Development Projects that do not fall into the land use categories above, the normalized cost per trip rate should be used to determine the fee based on the daily trips generated by the development.
2.
For mixed-use Development Projects, see Section 16.91.120.B. for fee calculation procedures.
3.
For Development Projects that are anticipated to have reduced trip generation characteristics, such as those in infill areas or those with restricted parking, see Section 16.91.120.C. for fee calculation procedures.
4.
For Development Projects in proximity to transit, see Section 16.91.120.D. for fee calculation procedures.
C. 
Annual Adjustment. The 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.
(SCC 1409 § 1, 2009; SCC 1592 § 1, 2016; SCC 1746, 12/3/2024)
A. 
No Building Permit or Certificate of Occupancy, as applicable, shall be issued for a Development Project within the unincorporated area of the County unless the SCTMFP fees for that property are paid as required by this chapter.
B. 
The amount of the SCTMFP fees shall reflect the fee schedule in effect at the time of Building Permit is issued.
C. 
SCTMFP fees shall not be waived.
(SCC 1409 § 1, 2009; SCC 1746, 12/3/2024; SCC 1753, 3/11/2025)
The SCTMFP fees imposed pursuant to this chapter shall apply to all Development Projects within the jurisdiction of the County for which Building Permits or Certificates of Occupancy, as applicable, are issued on or after April 1, 2009, unless an exemption applies pursuant to Section 16.91.100. Fees shall be calculated at Building Permit issuance and paid prior to issuance of any Building Permits or Certificates of Occupancy, as applicable. The Board shall establish by resolution the following:
1. 
The types and categories of Development Projects for which SCTMFP Fees may be collected at Building Permit issuance and Certificate of Occupancy issuance, respectively; and
2. 
Any additional requirements, processes, or procedures applicable to residential projects for which SCTMFP Fees are collected at Certificate of Occupancy issuance to guarantee the timely payment of such fees or charges
(SCC 1409 § 1, 2009; SCC 1746, 12/3/2024; SCC 1753, 3/11/2025)
The County shall remit SCTMFP fees collected to the STA on a semi-annual basis, within 60 days after June 30th and December 31st of each calendar year. 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 or reductions granted, and such other information as may be deemed appropriate by the Executive Director. The County shall hold the SCTMFP fees in an interest-bearing account and any interest earned shall be remitted to the STA with the semi-annual SCTMFP fees. 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; SCC 1746, 12/3/2024)
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; SCC 1746, 12/3/2024)
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 capital 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; SCC 1746, 12/3/2024)
The following Development Projects shall not be subject to the SCTMFP fee:
A. 
Accessory Dwelling Units less than 750 square feet.
B. 
The rehabilitation or reconstruction of any residential or 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. 
Projects intended for public use, as determined by the Director, where the applicant is one of the Participating Agencies.
E. 
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.
F. 
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; SCC 1746, 12/3/2024)
A. 
Determination of average daily trips ("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 and the ITE Trip Generation Manual.
B. 
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 Fee may be applied only to the extent that the new use increases average daily trips (ADTs) over the prior use.
C. 
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.
D. 
Requests for a fee reduction pursuant to this section shall be made to the Director in writing at the time the fee is assessed. The Director shall determine whether a project has made the required showing for a fee reduction. There shall be no right to an appeal and the Director's decision shall be final.
(SCC 1592 § 3, 2016; SCC 1746, 12/3/2024; SCC 1753, 3/11/2025)
A. 
Calculation of fees for ADUs. ADUs greater than 750 square feet shall be subject to a fee hereunder that is equal to the ratio of the floor area of the ADU compared to the primary unit, multiplied by the fee that would be charged on the primary unit, if the primary unit was being newly built.
B. 
Calculation of Fee for Mixed Use Projects. For Projects that include two or more different types of uses, the amount of the fee imposed on the entire Development Project shall be proportionally determined based on the relative footprint associated with the various uses.
C. 
Reduced Fees for Reduced Trip Generation. Development Projects in infill areas or with Reduced Parking Availability may be subject to reduced fees, at the sole discretion of the Director, if the Development Project results in reduced trip generation. Any such fee reduction must be supported by a traffic study submitted by the Applicant and prepared and stamped by a licensed Traffic or Civil Engineer and which has been accepted by the Director.
D. 
Fees for Transit Oriented Developments. The fees imposed pursuant to this Chapter for a Transit Oriented Development shall be determined based upon submission of a qualifying traffic study and set at a rate that reflects a lower rate of automobile trip generation associated with that Transit Oriented Development in comparison with non-Transit Oriented Development, unless the County adopts findings after a public hearing establishing that the applicable Transit Oriented Development would not generate fewer automobile trips than a non-Transit Oriented Development. If a housing development does not satisfy the characteristics of a Transit Oriented Development, the County will charge a fee pursuant to this Chapter that is proportional to the estimated rate of automobile trip generation associated with the housing development.
1. 
Project-Specific Traffic Study. A Transit Oriented Development seeking a fee adjustment pursuant to this section shall submit to the Department a Project- Specific Traffic Study, stamped by a licensed Traffic or Civil Engineer, and accepted by the Director, that demonstrates the lower rate of automobile trip generation associated with the applicable Transit Oriented Development compared to the Measure A Nexus Study.
2. 
Alternative Traffic Study. As an alternative to submitting a Project-Specific Traffic Study, a Transit Oriented Development may seek an adjusted rate by submitting to the Department a traffic study, stamped by a licensed Traffic or Civil Engineer, and accepted by the Director, that demonstrates the lower rate of automobile trip generation associated with Transit Oriented Developments and other similar types of development compared to non-Transit Oriented Developments. In the event a Transit Oriented Development submits an Alternative Traffic Study pursuant to this section, the Director, in consultation with STA, may apply a standard Transit Oriented Development fee reduction based on studies related to Transit Oriented Developments.
(SCC 1746, 12/3/2024)