The Board of Supervisors finds and determines as follows:
A. 
The preservation of vegetation communities and natural areas within the southern portion of Sacramento County which support species covered by the South Sacramento Habitat Conservation Plan (SSHCP) is necessary to protect and promote the health, safety and welfare of all the citizens of the County by reducing the adverse direct, indirect and cumulative effects of urbanization and development and providing for permanent conservation of habitat for species covered by the SSHCP.
B. 
It is necessary to establish a mitigation fee to ensure that all new development within the County pays its fair share of the costs of acquiring and preserving vegetation communities and natural areas within the County and the region which are known to support plant and wildlife species covered by the SSHCP.
C. 
A proper funding source to pay the costs associated with mitigating the direct, indirect and cumulative impacts of development to the natural ecosystems within the County and the region, as identified in the SSHCP, is a development impact fee for residential, commercial, and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and or the relative cost of mitigating such impacts.
D. 
The SSHCP and the Nexus Study, a copy of which is on file in the Clerk of the Board of Supervisor's office, provides a basis for the imposition of development impact fees on new construction.
E. 
The use of the development impact fees to mitigate the impacts to the County's and the region's natural ecosystems is reasonably related to the type and extent of impacts caused by development within the County.
F. 
The costs of funding the proper mitigation of natural ecosystems and biological resources impacted by development within the County and the region are apportioned relative to the type and extent of impacts caused by the development.
G. 
The facts and evidence provided to the County establish that there is a reasonable relationship between the need for preserving the natural ecosystems in the County and the region, as defined in the SSHCP, and the direct, indirect and cumulative impacts to such natural ecosystems and biological resources created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the SSHCP and the Nexus Study.
H. 
The cost estimates for mitigating the impact of development on the County's and the region's natural ecosystem and biological resources, as set forth in the SSHCP, are reasonable and will not exceed the reasonably estimated total of these costs.
I. 
The Board of Supervisors finds that the benefit to each development project is greater than the amount of the fee to be paid by the project.
J. 
The fees collected pursuant to this Ordinance shall be used to finance the acquisition of the natural ecosystems and certain improvements described or identified in the SSHCP.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
South Sacramento Conservation Agency (SSCA) is hereby appointed as the Administrator of this Ordinance. SSCA is hereby authorized to receive all fees generated from the SSHCP Mitigation Fee within the County, and to invest, account for and expend such fees in accordance with the provisions of this Ordinance and the Mitigation Fee Act.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
As used in this Ordinance, the following terms shall have the following meanings:
A. 
"Accessory Dwelling Unit" or "ADU"
as defined in Section 66313 of the Government Code means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: Junior ADU; an efficiency unit; a manufactured home, as defined in Section 18007 of the Health and Safety Code.
B. 
"Board of Supervisors"
means the Board of Supervisors of the County of Sacramento, California.
C. 
"County"
means the County of Sacramento, California.
D. 
"Development"
means a human-created change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filing, grading, paving, excavating, and drilling.
E. 
"Development Project" or "Project"
means any project undertaken for the purpose of development pursuant to the issuance of a building permit by the County pursuant to all applicable ordinances, regulations, and rules of the County and state law.
F. 
"Ordinance"
means this Ordinance of the County of Sacramento, California.
G. 
"Revenue" or "Revenues"
means any funds received by the County pursuant to the provisions of this Ordinance for the purpose of defraying all or a portion of the cost of acquiring and preserving vegetation communities and natural areas within the County and the region which are known to support threatened, endangered or key sensitive populations of plant and wildlife species.
H. 
"South Sacramento Conservation Agency" or "SSCA"
means the governing body established pursuant to the SSHCP that is delegated the authority to oversee and implement the provisions of the SSHCP.
I. 
"South Sacramento Habitat Conservation Plan" or "SSHCP"
means the South Sacramento Habitat Conservation Plan, adopted by the Board of Supervisors on September 11, 2018.
J. 
"SSHCP Mitigation Fee" or "Fee"
means the development impact fee imposed pursuant to the provisions of this Ordinance.
K. 
Any capitalized term not otherwise defined herein shall carry the same meaning and definition as that term is used and defined in the SSHCP.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
A. 
Adoption of SSHCP Mitigation Fee Schedule. The Board of Supervisors shall adopt an applicable SSHCP Mitigation Fee schedule through a separate resolution, which may be amended from time to time.
B. 
Periodic Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the SSCA Governing Board. By amendment to the Resolution referenced in subsection A, above, the fees may be increased or decreased to reflect the changes in actual and estimated costs of the SSHCP including, but not limited to, debt service, lease payments and acquisition costs. The adjustment of the fees may also reflect changes in the facilities required to be acquired, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to implement the SSHCP.
C. 
Authority. SSCA shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
Notwithstanding any other provision of the Sacramento County Code, no permit shall be issued for any Development Project unless the SSHCP Mitigation Fee applicable to such Development Project has been paid.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
A. 
The SSHCP Mitigation Fee shall be paid in full in accordance with applicable law.
B. 
The SSHCP Mitigation Fee shall be assessed one time per lot or parcel, except when additional construction or improvement on the lot or parcel results in the disturbance of additional area.
C. 
The SSHCP Mitigation Fee required to be paid under this Ordinance shall be the fee in effect at the time the permit is issued for which the SSHCP Mitigation Fee is assessed.
D. 
Notwithstanding anything in the Sacramento County Code, or any other written documentation to the contrary, the SSHCP Mitigation Fee shall be paid whether or not the Development Project is subject to conditions of approval by the County imposing the requirement to pay the fee.
E. 
If all or part of the Development Project is sold prior to payment of the SSHCP Mitigation Fee, the Project shall continue to be subject to the requirement to pay the fee as provided herein.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
There shall be no refund of all or part of any SSHCP Mitigation Fee paid under this Ordinance except in cases of miscalculation of the applicable fee. Only in cases of miscalculation of the fee will the person or entity that paid the SSHCP Mitigation Fee be entitled to a refund provided, however, that the deadlines set forth in Government Code Section 66020(d) shall apply to any and all requests for refunds.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
A. 
All fees paid pursuant to this Ordinance shall be deposited, invested, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law.
B. 
Subject to the provisions of this section, all fees collected pursuant to this Ordinance shall be remitted to the South Sacramento Conservation Agency at least quarterly.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
The following types of construction shall be exempt from the provisions of this Ordinance:
A. 
Reconstruction or improvements that are damaged or destroyed by fire or other natural causes, provided that the reconstruction or improvements do not result in additional usable square footage.
B. 
Rehabilitation or remodeling to an existing Development Project, provided that the rehabilitation or remodeling do not result in additional usable square footage.
C. 
Accessory Dwelling Units, constructed on developed residential property and meeting all state and County requirements for such units.
D. 
Existing improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion.
E. 
Development Projects which are the subject of a development agreement entered into pursuant to Government Code Section 65864 et seq., prior to the effective date this Ordinance wherein the imposition of new fees are expressly prohibited, provided that if the term of such a development agreement is extended by amendment or by any other manner after the effective date of this Ordinance, the SSHCP Fee shall be imposed.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
The implementation strategy outlined in Chapter 9 of the SSHCP describes a land dedication process where project proponents can dedicate land towards satisfying their mitigation requirements and thereby reduce their SSHCP mitigation fees. When the dedication of land is accepted into the SSHCP Preserve System, the SSHCP Mitigation Fee will be adjusted by excluding the appropriate portion of the land acquisition component of the SSHCP Mitigation Fee. The remaining components of the SSHCP Mitigation Fee (i.e., Re-establishment/Establishment, Endowment, and Other) will remain unchanged, as they are used to fund ongoing conservation activities that are required on all Preserve lands.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
This Ordinance and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance shall be affected thereby. If any part, sentence, paragraph, section, or clause of this Ordinance, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Ordinance, or its application to other persons or entities. The Board of Supervisors hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)
The Board of Supervisors hereby finds that in accordance with CEQA and the State CEQA Guidelines the adoption of this Ordinance is exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines.
(SCC 1628 § 1, 2018; SCC 1757, 7/22/2025)