Citrus Heights Municipal Code Art. VI Chapter 16.87 Roadway and Transit Development Fees

Footnotes:

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Editor's note— This article derives from Sacramento County Code title 16, chapter 16.87. Pursuant to instructions from the city, the text of this article is codified exactly as originally adopted by the County of Sacramento, with no changes except for adding a state reference in 66-193. The section number that appears in the catchline of each section is consistent with the Citrus Heights Code of Ordinances and facilitates referencing and indexing. The history note that follows each section contains the ordinances enacted by the City of Citrus Heights that have adopted this article. The original section number from the Sacramento County Code also appears in the history note to each section.

Citations to other sections of Sacramento County Code chapter 16.87 that appear in the text are printed with the corresponding new section number in brackets (for example, a reference to section 16.87.100 appears as "section 16.87.100 [66-184]"). Citations to state statutes are printed in brackets following the original reference.

(a) The Board of Supervisors finds and declares that the purpose of this chapter is to promote and carry out the following polices of the Sacramento County General Plan:

(1) On Urbanization:

Expand the urban area in a manner supportive of other major polices;

Areas chosen for urban expansion shall be capable of being provided within a reasonable period of time with an adequate level of roads, transit or other transportation facilities;

Continue to provide quality public services at the most efficient level with costs spread among those who benefit, and work toward viable solutions to current public service financing problems, and ensure that a relatively high level of services continues to be available in the urban area;

(2) On Air Quality:

Develop land use plans and regulations which will reduce travel distances (particularly commute distances), facilitate increased transit use, and reduce reliance on the automobile;

Continue to support the development of a light rail transit system oriented toward providing trunk service between major employment centers and residential areas;

Actively support the efforts of the Sacramento Regional Transit District to expand and upgrade service, to provide feeder service to the light rail transit system, and to attract an increasing percentage of local travel;

Maximize the use of transit service to major shopping centers, office complexes, and industrial areas. For such uses proposed to be located outside the existing transit service area, contribute to the provision of transit service;

(3) On Housing:

Encourage increased residential densities near employment centers and along major transportation corridors within the urban area, in conjunction with improved transit systems and service, as a means of increasing the housing supply and reducing potential commute distances;

(4) On Industrial Development:

Encourage private sector involvement in efforts to minimize problems created by rapid growth of employment opportunities;

(5) On Transportation:

Mitigate adverse environmental impacts of roadway use and development;

Secure adequate and stable financing for the development and maintenance of the road system for all urban travel modes;

Support and develop alternatives to single-occupant automobile use, including light rail, bus, high occupancy vehicle, and non-motorized travel modes, and alternative land use patterns which relate to the distribution of employment and housing opportunities;

Develop all transportation facilities and services in accord with the overall community planning program consistent with the multiple goals and objectives of the General Plan;

(6) On Roadway Circulation:

To consider alternative funding sources only if traditional sources continue to be insufficient to meet the County's construction and maintenance needs;

To design and implement a system of major arterial streets in a grid pattern at approximately one mile intervals;

(7) On Transit Circulation:

Incorporate transit access into the design of land uses for new development;

Require dedications of land for public transit improvements;

Identify park-and-ride site locations to serve transit transfer and strategic pick-up stops, and develop methods to acquire and develop these sites;

Encourage participation in commute vanpool, bus pool and carpool activity).

(b) Conditions on approval of rezones, maps, use permits and other entitlements for certain projects in the unincorporated territory of the County of Sacramento require landowners and applicants to mitigate the project's impacts upon public facilities, including roadway and transit facilities identified in the project's environmental impact report or any mitigation required to achieve a negative declaration. Other conditions require compliance with this fee program, when adopted, or a similar transportation funding mechanism.

(c) An additional purpose of this chapter is to use the authority in Article XI, Section 7 of the California Constitution by imposing fees to fund the cost of roadway and transit facilities the need for which is generated by the type and level of development designated in the General Plan in effect in the unincorporated territory of the County of Sacramento.

(d) It is the further purpose of this chapter to implement subdivision (b) to assure that adequate roadway and transit facilities are financed and provided to serve new development in the unincorporated territory of the County of Sacramento.

(e) The Board hereby determines that payment of roadway and transit fees for additional residential, commercial and industrial development prior to issuance of a building permit or certain improvement plans is appropriate because the fees will be collected for facilities for which accounts have been established pursuant to Sections 16.87.030 [66-173] and 16.87.040 [66-174] and funds have been appropriated by the County of Sacramento and for which the Board has adopted a proposed construction schedule or plan pursuant to Section 16.87.120 [66-188].

(Ord. No. 97-01, § 2(16.87.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) "Additional Dwelling Units" means the net increase in the number of dwelling units (as defined in the Sacramento County Zoning Code) on a parcel of real property. Additional Dwelling Units is the measure for development associated with the single family residential and multiple family residential land use types. Additional Dwelling Units (A U ) shall be calculated using the formula:

A U + NU - D 1 - D 2 , where

D 1 and D 2 shall be presumed to be zero unless the property owner has obtained or made application to obtain a valid demolition permit or permits or fire district report and presents substantial evidence to the Director with the filing indicating the number of dwelling units to be removed.

Existing dwelling units proposed to be retained on the parcel shall not be included in the calculation of additional dwelling units. Permits for residential accessory structures, additions, alterations, or repairs shall be exempt from this chapter unless the work authorized will result in an increase in the number of dwelling units on a parcel or real property.

(b) "Additional Floor Area of Building" means the net increase in the floor area of the building as both terms are defined in the Uniform Building Code as adopted by the County of Sacramento (and as described in the building permit) on a parcel of real property. Additional Floor Area of Buildings is the measure for development associated with the commercial, business and professional, industrial, and industrial-office park land use types. Additional Floor Area of Buildings (A F ) shall be calculated using the following formula:

A F = NB - F 1 - F 2 , where

F 1 and F 2 shall be presumed to be zero unless the property owner has obtained or made application to obtain a valid demolition permit or fire district report and presents substantial evidence to the Director with the filing indicating the floor area in square feet of buildings subject to demolition and the most recent use of that area. For cases in which maintaining continuous employment for non-residential land use types requires that demolition be deferred until after construction of the additional floor area of buildings, the Director shall have the authority to include in F 2 the floor area of the deferred demolition.

Existing floor area of buildings proposed to be retained on the parcel shall not be included in the calculation of additional floor area of buildings. Permits for additions, alterations, or repairs shall be exempt from this chapter if the work authorized does not result in an increase in floor area of buildings on a parcel of real property.

(c) "Board" means the Board of Supervisors of the County of Sacramento.

(d) "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 Building and Construction Code.

(e) "Business and Professional Land Use Type" means the category of development for purposes of this Chapter comprised of buildings to be constructed or located for office uses as allowed by the Sacramento County Zoning Code in the BP land use zone or of those fractions of the floor area of buildings to be used for office purposes as allowed by use permit in the M-1 or M-2 land use zones in excess of the normal 25% limit.

(f) "Capital Improvement Program" means those documents entitled "Consolidated Roadway and Transit Capital Improvements Program," dated August 30, 1988, adopted by the Board on August 31, 1988, "Addendum to Consolidated Roadway and Transit Capital Improvements Program," dated December 6, 1988, adopted by the Board on January 3, 1989, and, superseding the preceding documents for roadways, "Roadway Element Capital Improvement Program" dated September 22, 1993, adopted by the Board on November 23, 1993, and as periodically revised, which constitutes a proposed construction schedule or plan indicating by fiscal year the estimated expenditures allocated for roadway facilities and transit facilities identified in the roadway analysis and transit analysis.

(g) "Commercial Land Use Type" means the category of development for purposes of this Chapter comprised of buildings to be constructed or located for commercial uses as allowed by the Sacramento County Zoning Code in the GC, LC, AC, TC, SC, or CO land use zones.

(h) "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, engineering, design, and consulting fees. "Administration Costs" means amounts spent, or authorized to be spent, in connection with the collection, calculation, processing, program development and other management of roadway and transit fees.

(i) "County" means the County of Sacramento.

(j) "Department" means the Sacramento County Department of Public Works.

(k) "Director" means the Director of the Sacramento County Department of Public Works.

(l) "District account" means the accounts established pursuant to Sections 16.87.030 [66-173] and 16.87.040 [66-174] within the Roadway Fund and Transit Fund for each fee district.

(m) "Estimated cost" means the cost of constructing or acquiring a facility as set forth in the Roadway Analysis or Transit Analysis and in the Capital Improvement Program.

(n) "Facility" or "facilities" means public roadway facilities and transit facilities designated in the Roadway Analysis or Transit Analysis and scheduled for funding in the Capital Improvement Program.

(o) "Fee district" means each of the areas established pursuant to Section 16.87.090 [66-183] for which separate roadway and transit fees are established pursuant to Sections 16.87.100 [66-184] and 16.87.110 [66-186].

(p) "Improvement plan" means the site plan of property proposed for development showing all required improvements that must be approved by the Department of Public Works pursuant to Chapter 12.03 of the Sacramento County Code.

(q) "Industrial Land Use Type" means the category of development for purposes of this Chapter comprised of buildings to be constructed or located for industrial uses as allowed by the Sacramento County Zoning Code in the M-1 or M-2 land use zones and where the fraction of the floor area to be used for office purposes does not exceed 25%.

(r) "Industrial-Office Park Land Use Type" means the category of development for purposes of this Chapter comprised of buildings to be constructed or located for commercial, office or industrial uses as allowed by the Sacramento County Zoning Code in the MP land use zone.

(s) "Multiple Family Residential Land Use Type" means the category of development for purposes of this Chapter comprised of two-family dwellings, townhouses, rowhouses, or multiple family dwellings as defined in the Sacramento County Zoning Code, to be constructed or located as allowed in any of the residential-open space land use zones or by use permit in the BP, SC, LC, or CO land use zones.

(t) "Residential Land Use Types" means the Single Family Residential and the Multiple Family Residential Land Use Types.

(u) "Non-Residential Land Use Types" means the Business and Professional, Commercial, Industrial, and Industrial-Office Park Land Use Types.

(v) "Roadway Analysis" means that document entitled "Sacramento County Transportation Development Fee Update: Roadway Element," dated September 22, 1993, as adopted by the Board on November 23, 1993, by Resolution No. 93-1495.

(w) "Roadway fee" means the fee established pursuant to Section 16.87.050 [66-175]. "Roadway fee obligation" means the amount of the roadway fee calculated and payable for a specific building permit (other than a tenant improvement permit) pursuant to Section 16.87.030 [66-178].

(x) "Roadway Fund" means that special interest-bearing trust fund established pursuant to Section 16.87.030 [66-173].

(y) "Roadway Program Credit" means the credit established pursuant to Section 16.87.105 [66-185] which is deductible from the roadway program fee to be charged for the construction of additional dwelling units or additional floor area of buildings on property included within the Bradshaw Road-U.S. 50 Corridor Integrated Financing District in Fee District 2, the Sunrise Boulevard-U.S. 50 Corridor Assessment District and/or the Capital Center II Assessment District in District 3. Said credit is equal to the respective share of creditable costs for roadway facilities, as identified in the roadway analysis and financed by the respective Integrated Financing District or Assessment Districts that is allocated for each land use type either to the projected number of additional dwelling units on a per dwelling unit basis or to additional floor area of buildings on a per square foot basis.

(z) "Roadway Program Fee" means the fee established pursuant to Section 16.87.100 [66-184] which is measured by the total roadway program costs attributed to a particular fee district divided by the projected number of additional peak hour vehicle trips generated by development in that district, and allocated for each land use type in that district either to the projected number of additional dwelling units on a per dwelling unit basis or to additional floor area of buildings on a per square foot basis.

(aa) "Shell Building" means a building in one of the commercial or industrial land use types for which some or all of the interior finish improvements (in other than non-leasable common areas) will not be constructed pursuant to the initial building permit, but will be constructed pursuant to the subsequent issuance of one or more tenant improvement permits.

(bb) "Single Family Residential Land Use Type" means the category of development for purposes of this Chapter comprised of single family dwellings, as defined in the Sacramento County Zoning Code, to be constructed or located as allowed in any of the residential-open space land use zones, including those in conjunction with the Mobile Home Park Combining land use zone, or by use permit in the BP, LC, or CO land use zones.

(cc) "Tenant Improvement Permit" means a building permit for interior finish improvements in all or a portion of the leasable space within a shell building.

(dd) "Transit Analysis" means those documents entitled "Development Fee Analysis for Transit Improvements," dated October 23, 1987, adopted by the Board on August 31, 1988, by Resolution No. 88-2242 and "Addendum to Development Fee Analysis for Transit Improvements" dated December 6, 1988, adopted by the Board on January 3, 1989, by Resolution No. 89-2033.

(ee) "Transit Fee" means the fee established pursuant to Section 16.87.060 [66-176]. "Transit Fee Obligation" means the amount of the transit fee calculated and payable for a specific building permit (other than a tenant improvement permit) pursuant to Section 16.87.080 [66-179].

(ff) "Transit Fund" means that special interest-bearing trust fund established pursuant to Section 16.87.040 [66-174].

(gg) "Transit Program Fee" means the fee established pursuant to Section 16.87.110 [66-186] which is measured by the total transit program costs attributed to a particular fee district divided by the projected number of additional peak hour transit passenger trips generated by development in that district, and allocated for each land use type in that district either to the projected number of additional dwelling units on a per dwelling unit basis or to additional floor area of buildings on a per square foot basis.

(Ord. No. 97-01, § 2(16.87.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the Sacramento Roadway Fund, comprised of a district roadway account for each fee district established pursuant to Section 16.87.090 [66-183]. Every roadway fee collected in each fee district pursuant to this chapter, excepting the administrative cost component, shall be deposited in the Roadway Fund and in the district roadway account for the fee district where the parcel responsible for paying the fee is located and shall be held in trust until disbursed as provided in Section 16.87.120 [66-188]. The Sacramento Roadway Fund shall be administered by the Director.

(Ord. No. 97-01, § 2(16.87.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

There is hereby created by the office of the County Auditor-Controller in the County Treasury a special interest-bearing trust fund entitled the Sacramento Transit Fund, comprised of a district transit account for each fee district established pursuant to Section 16.87.090 [66-183]. Every transit fee collected in each fee district pursuant to this chapter, excepting the administrative cost component, shall be deposited in the Transit Fund and in the district transit account for the fee district where the parcel responsible for paying the fee is located and shall be held in trust until transferred by the Director at regular intervals to the Sacramento Regional Transit District. Upon receipt of the transferred fees, the Sacramento Regional Transit District shall administer the expenditure of the fees. The fees shall be placed in separate funds, and shall be held in trust until disbursed as provided in Section 16.87.120 [66-188]. The Sacramento Regional Transit District shall make an annual report to the Board indicating the status of the transit capital improvement program and the funds.

(Ord. No. 97-01, § 2(16.87.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

There is hereby established, levied and imposed a roadway fee on the development of real property in the unincorporated territory of the County of Sacramento. No building permit (and no improvement plans for a mobilehome park) providing for the construction of additional dwelling units of the single family residential or multiple family residential land use type or additional floor area of buildings of the commercial, business and professional, industrial, or industrial-office park land use type shall be approved to construct, improve or remodel structures on real property located in a fee district for which this Chapter establishes a roadway fee unless the roadway fee obligation for that property is paid in full, or is paid in installments if that method of payment is chosen pursuant to Section 16.87.084 [66-180], or the building permit qualifies for an exemption pursuant to Section 16.87.140 [66-191]. The roadway fee obligation shall be paid by the property owner to the department in an amount calculated pursuant to Sections 16.87.065 [66-177] and 16.87.070 [66-178], or 16.87.115 [66-187] when applicable.

(Ord. No. 97-01, § 2(16.87.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

There is hereby established, levied and imposed a transit fee on the development of real property in the unincorporated territory of the County of Sacramento. No building permit (and no improvement plans for a mobilehome park) providing for the construction of additional dwelling units of the single family residential or multiple family residential land use type or additional floor area of buildings of the commercial, business and professional, industrial, or industrial-office park land use type shall be approved to construct, improve or remodel structures on real property located in a fee district for which this Chapter establishes a transit fee unless the transit fee obligation for that property is paid in full, or is paid in installments if that method of payment is chosen pursuant to Section 16.87.084 [66-180], or the building permit qualifies for an exemption pursuant to Section 16.87.140 [66-191]. The transit fee obligation shall be paid by the property owner to the department in an amount calculated pursuant to Sections 16.87.065 [66-177] and 16.87.070 [66-178], or 16.87.115 [66-187] when applicable.

(Ord. No. 97-01, § 2(16.87.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) Development in Special Planning Area (SPA) land use zones shall be included within the single family residential, multiple family residential, commercial, business and professional, industrial, and industrial-office park land use types as designated by the Director of the Department of Planning and Community Development, who shall determine which land use type corresponds most directly to the development allowed for specific sites within each SPA land use zone.

(b) Development which is allowed by use permit and which deviates from the basic traffic and transit trip generating characteristics of uses typical for the land use zone in which it is to be constructed or located shall be included within the defined land use types as designated by the Director of the Department of Planning and Community Development. The Planning Director shall determine which land use type corresponds most directly to the development allowed by use permit. This determination is not applicable to those kinds of development allowed by use permit that are incorporated in the definitions of the single family residential, multiple family residential, and business and professional land use types.

(c) For the specified types of development listed in this subdivision, traffic and transit trip generating characteristics result in equivalencies with the standard land use types for purposes of calculating roadway and transit fees pursuant to Sections 16.87.100 [66-184], 16.87.105 [66-185], and 16.87.110 [66-186].

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(Ord. No. 97-01, § 2(16.87.065), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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The roadway fee shall be calculated pursuant to the following formula:

(A U × [R P - R C ]) + (A F × [R P - R C ]) + S = R F

where,

(Ord. No. 97-01, § 2(16.87.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The transit fee shall be calculated pursuant to the following formula:

(A U × T P ) + (A F × T P ) + S = T F

where;

(Ord. No. 97-01, § 2(16.87.080), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

A property owner may elect to pay the fee obligation pursuant to this Section only for shell buildings in the non-residential land use types. In order to pay the fee obligation in installments, the property owner shall do all of the following prior to issuance of the shell building permit:

(a) Submit a completed fee deferral request form signed by the property owner acknowledging and agreeing that the property owner is required to pay the deferred portions of the roadway fee obligation and the transit fee obligation, is required to pay installment payments annually to retire the remaining deferred portions and is allowing the County to record the deferred fee obligation as a debt secured by a lien against the real property involved that is owned to the County.

(b) Pay the initial fee installment calculated at twenty percent (20%) of the roadway and transit fee obligations due for that shell building;

(c) Pay a deferred collection service fee of Three Hundred Dollars ($300.00) per shell building to cover the costs of recording the fee deferral request form, monitoring installment payments, billing for unpaid installment balances, and collection of delinquent payments by enforcement of liens against the real property involved.

(Ord. No. 97-01, § 2(16.87.084), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

After complying with Section 16.87.084 [66-180], subsequent installment payments shall be made to the Department as follows: A fee installment of 20% of the total roadway and transit fee obligations calculated for the shell building shall be due and payable to the county every 12 months subsequent to the issuance of the shell building permit until the total deferred fee has been retired. The county will mail a billing notice to the property owner for each installment fee payment no later than 30 days prior to the date upon which the payment is due. The final installment payment to retire the deferred fee shall be due and payable to the county 48 months after the issuance of the shell building permit. After receipt of the final fee installment, the county shall record a notice for the affected property indicating that the debt for the deferred fee obligation has been retired.

(Ord. No. 97-01, § 2(16.87.086), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

In the event that a fee installment is not paid within 30 days of the due date indicated on the billing notice mailed to the property owner by the Department, an additional billing notice demanding payment shall be mailed to the property owner. If the amount due is not paid within the second 30 day period, interest at the rate of 1% percent per month shall be assessed upon the installment due and the director shall institute proceedings against the property upon which the fee is owed to enforce the lien for the entire outstanding balance and any accrued interest.

(Ord. No. 97-01, § 2(16.87.088), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

There are hereby created eight fee districts within the unincorporated territory of the County of Sacramento in which roadway fees and transit fees shall be collected pursuant to this chapter. The fee district boundaries are established as follows, and all boundary lines refer to those boundary lines as they existed as of November, 1993.

(a) FEE DISTRICT 1

Northern boundary:

The Sacramento County line from the Natomas East Main Drainage Canal to Interstate Route 80.

Western boundary:

The Natomas East Main Drainage Canal from the Sacramento County line to the Sacramento city limits.

Southern boundary:

The Sacramento City limits from the Union Pacific Railroad line the S. P. T. Co. railroad line to Arcade Creek just southwest of the Auburn Boulevard; Arcade Creek from the Sacramento City limits to Winding Way at College Oak Drive; Winding Way from Arcade Creek at College Oak Drive to Dewey Drive.

Eastern boundary:

Dewey Drive from Winding Way to Greenback Lane; Greenback Lane from Dewey Drive to the north-south parcel line which separates Traffic Minor Zones 681610 and 681620 and corresponds to the easterly boundaries of the Crosswoods Subdivision; said north-south parcel line from the Greenback Land to Auburn Boulevard; Auburn Boulevard from said north-south parcel line to Van Maren Lane; Van Maren lane and its extended alignment from Auburn Boulevard to Antelope Road at Interstate Route 80; Interstate Route 80 from Antelope Road to the Sacramento County line.

(b) FEE DISTRICT 2

Northern boundary:

The Sacramento City limits from Interstate Route 80 at Howe Avenue to Arcade Creek near Auburn Boulevard. Arcade Creek from the Sacramento City limits to Winding Way at College Oak Drive; Winding Way from Arcade Creek at College Oak Drive to Barrett Road.

Western boundary:

The Sacramento City limits from Howe Avenue at Interstate Route 80 to Kiefer Boulevard.

Southern boundary:

Kiefer Boulevard from the Sacramento City limits to the western boundary of Mather Air Field at Happy Lane.

Eastern boundary:

The western boundary of Mather Air Field from Kiefer Boulevard to the S. P. T. Co. spur railroad line at Old Placerville Road; the S. P. T. Co. spur railroad line from Old Placerville Road to Mather Field Road; Mather Field Road from the S. P. T. Co. spur railroad line to Folsom Boulevard; Folsom Boulevard from Mather Field Road to La Loma Drive; La Loma Drive from Folsom Boulevard to Dedo Way; Dedo Way from La Loma Drive to its terminus at the north-south parcel line which separates Traffic Minor Zones 789300 and 789320; said north-south parcel line from Dedo Way to the American River, the American River from said north-south parcel line to the extension of the easternmost segment of Stanley Avenue; Stanley Avenue from the American River to Marshall Avenue; Marshall Avenue from Stanley Avenue to Lincoln Avenue; Lincoln Avenue from Marshall Avenue to Barrett Road; Barrett Road from Lincoln Avenue to Winding Way.

(c) FEE DISTRICT 3

Northern boundary:

The Sacramento County line from Interstate Route 80 to the Folsom City limits at the extensions of the alignment of Santa Juanita Avenue.

Western boundary:

Interstate Route 80 from the Sacramento County line to the extended alignment of Van Maren Lane at Antelope Road; Van Maren Lane from its extended alignment to Interstate Route 80 at Antelope road to Auburn Boulevard; Auburn Boulevard from Van Maren lane to the north-south parcel line which separates Traffic Minor Zones 681610 and 681620 and corresponds to the easterly boundary of the Crosswoods subdivision; said north-south parcel line from Auburn Boulevard to Greenback Lane; Greenback Lane from said north-south parcel line to Dewey Drive; Dewey Drive from Greenback Lane to Winding Way; Winding Way from Dewey Drive to Barrett Road; Barrett Road from Winding Way to Lincoln Avenue; Lincoln Avenue from Barrett Road to Marshall Avenue; Marshall Avenue from Lincoln Avenue to Stanley Avenue; Stanley Avenue and its extended alignment from Marshall Avenue to the American River; the American River from the extension of the easternmost segment of Stanley Avenue to the north-south parcel line which separates Traffic Minor Zones 789300 and 789320; said north-south parcel line from the American River to the terminus of Dedo Way; Dedo Way from its terminus to La Loma Drive; La Loma Drive from Dedo Way to Folsom boulevard; Folsom Boulevard from La Loma Drive to Mather Field Road; Mather Field Road from Folsom Boulevard to the S. P. T. Co. spur railroad line; the S. P. T. Co. spur railroad line from Mather Field Road to the Mather Air Field boundary at Old Placerville Road; the western boundary of Mather Air Field from the S. P. T. Co. spur railroad line at Old Placerville Road to Kiefer Boulevard at Happy Lane; the southern boundary of Mather Air Field from Kiefer Boulevard at Happy Lane to Excelsior Road (Mather Boulevard); Excelsior Road from the southern boundary of Mather Air Filed to Gerber Road.

Southern boundary:

The extension of the alignment of Gerber Road from Excelsior road to Eagles Nest road; Eagles Nest Road from the extended alignment of Gerber Road to Grant Line road at Sloughhouse road; Sloughhouse Road and its southeast-bearing alignment extended from Grant Line Road to the Cosumnes River.

Eastern boundary:

The Cosumnes River from the extension of the southeast bearing alignment of Sloughhouse Road to Dillard Road (near Jackson highway); Dillard Road from the Cosumnes River to Jackson Highway; Jackson Highway from Dillard Road to Kiefer Boulevard; Kiefer Boulevard from Jackson Highway to Grant Line road; Grant Line Road from Kiefer Boulevard to White Rock Road; White Rock Road from Grant Line Road to Prairie City Road; Prairie City Road from White Rock Road to the Folsom City limits; the southern and western Folsom City limits from Prairie City Road to the Sacramento County line at the extension of the alignment of Santa Juanita Avenue.

(d) FEE DISTRICT 4

Northern boundary:

Kiefer Blvd. from the Sacramento City limits to Excelsior Road (Mather Blvd.)

Western boundary:

The eastern and southern Sacramento City limits from Kiefer Blvd. to Mack Road at Stockton Blvd.; Stockton Blvd. from Mack Road to Highway 99; Highway 99 from Stockton Blvd. to the Cosumnes River.

Southern boundary:

The Cosumnes River from Highway 99 to an extension of the southeast bearing alignment of Sloughhouse Road.

Eastern boundary:

Sloughhouse Road and the extension of its southeast bearing alignment from the Cosumnes River to Grant Line Road at Eagles Nest Road; Eagles Nest Road from Grant Line Road to the extension of the alignment of Gerber Road; the extension of the alignment of Gerber Road from Eagles Nest Road to Excelsior Road; Excelsior Road from Gerber Road to Kiefer Blvd.

(e) FEE DISTRICT 5

Northern boundary:

Dwight Road from the Union Pacific Railroad line to Franklin Boulevard; Franklin Boulevard from Dwight Road to the city limits of the City of Sacramento; the Sacramento City limits from Franklin Boulevard to State Highway 99 at Sheldon Road.

Western boundary:

The Union Pacific Railroad line from Dwight Road to Elk Grove Boulevard.

Southern boundary:

Elk Grove Boulevard from the Union Pacific Railroad line to State Highway 99.

Eastern boundary:

State Highway 99 from Elk Grove Boulevard to the city limits of the City of Sacramento at Sheldon Road and State Highway 99.

(f) FEE DISTRICT 6

Northern boundary:

The southerly boundary of the lands of the Sacramento Regional County Sanitation District from Interstate Route 5 to the Union Pacific Railroad line.

Western boundary:

Interstate Route 5 from the southerly boundary of the lands of the Sacramento Regional County Sanitation District to Elk Grove Boulevard.

Southern boundary:

Elk Grove Boulevard from Interstate Route 5 to the Union Pacific Railroad line.

Eastern boundary:

The Union Pacific Railroad from Elk Grove Boulevard to the southerly boundary of the lands of the Sacramento Regional County Sanitation District.

(g) FEE DISTRICT 7

Northern boundary:

The easterly extension of Douglas Road from Grant Line Road to Scott Road near Boys Ranch Road; Scott Road from the easterly extension of Douglas Road near Boys Ranch Road to Latrobe Road; Latrobe Road from Scott Road to the Sacramento County line.

Western boundary:

Grant Line Road from Douglas Road to Kiefer Blvd.; Kiefer Blvd. from Grant Line Road to Jackson Road; Jackson Road from Kiefer Blvd. to Dillard Road; Dillard Road from Jackson Road to Apple Road.

Southern boundary:

Apple Road from Dillard Road to the Rancho Cosumnes land grant boundary; the Rancho Cosumnes land grant boundary from Apple Road to the southwest corner of Section 31 of Township 7 North, Range 8 East; the southerly boundary of Township 7 North from the Rancho Cosumnes land grant boundary to Laguna Creek; Laguna Creek from the southerly boundary of Township 7 North, Range 8 East to the Sacramento County line near Ione Road.

Eastern boundary:

The Sacramento County line from Laguna Creek near Ione Road to Latrobe Road.

(h) FEE DISTRICT 8

This District consists of all those unincorporated portions of Sacramento County which do not lie within Fee Districts 1, 2, 3, 4, 5, 6, and 7.

The incorporated cities of Sacramento, Folsom, Galt, and Isleton are excluded from this and the other five fee districts described herein.

(Ord. No. 97-01, § 2(16.87.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) The roadway program fee is based on the Roadway Analysis, and may be adjusted pursuant to Section 16.87.120(a) [66-188(a)].

(b) The roadway program fee listed in this subdivision in effect on the date of issuance of a building permit (or improvement plans for mobile home parks) shall be used to calculate the total roadway fee payable prior to issuance of such building permit or improvement plans.

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(Ord. No. 97-01, § 2(16.87.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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(a) The roadway program credit is based on the Roadway Analysis and the Engineer's Reports for the Bradshaw Road-U.S. 50 Corridor Integrated Financing District, the Sunrise Boulevard/U.S. 50 Corridor Assessment District, and the Capital Center II Assessment District.

(b) The roadway program credit listed in this subdivision in effect on the date of issuance of a building permit (or improvement plans for a mobilehome park) shall be used to calculate the total roadway fee payable prior to issuance of such building permit or improvement plans for property within the respective Financing District or Assessment Districts.

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(Ord. No. 97-01, § 2(16.87.105), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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(a) The transit program fee is based on the Transit Analysis, and may be adjusted pursuant to Section 16.87.120(a) [66-188(a)].

(b) The transit program fees listed in this subdivision in effect on the date of issuance of a building permit (or improvement plans for mobilehome parks) shall be used to calculate the total transit fee payable prior to issuance of such building permit or improvement plans.

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(Ord. No. 97-01, § 2(16.87.110), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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Notwithstanding the provisions of Section 16.87.065 [66-177], the calculation of roadway and transit fees for types of development specified in this subdivision shall be based upon program fees not associated with the eight standard land use types as defined in Section 16.87.020 [66-172]. Building permits for the following specialized uses shall have roadway and transit fee obligations calculated on the basis of the indicated roadway cost per daily vehicle trip end (VTE), daily VTE rate, transit cost per daily transit trip end (TTE), and daily TTE rate:

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The determination of the roadway and transit fee obligations will also include 2% administrative cost recovery components. The daily VTE cost figures are based on the Roadway Analysis. The daily TTE cost figures are based on the Transit Analysis. These figures may be adjusted pursuant to Section 16.87.120(a) [66-188(a)].

(Ord. No. 97-01, § 2(16.87.115), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) The Board shall by resolution adopt a Roadway Analysis, a Transit Analysis and a Capital Improvement Program. The Board may review the analyses and program annually, and may amend them by resolution at its discretion. The Roadway Program Fees shall be as listed in Section 16.87.100 [66-184] until February 28, 1995. On March 1, 1995, and on each succeeding March 1 thereafter, the Director may determine a new list of Roadway Program Fees to reflect cost increases for roadway facilities in the adopted Capital Improvement Program as indicated in the latest edition of the "Index Last 12 Months" of the Caltrans Price Index for Selected Highway Construction Items. The Transit Program Fees shall be as listed in Section 16.87.110 [66-186] until February 28, 1995. On March 1, 1995, and on each succeeding March 1 thereafter, the Board of Directors of the Sacramento Regional Transit District may determine a new list of Transit Program Fees to reflect cost increases for transit facilities in the adopted Capital Improvement Program as indicated by the Consumer Price Index, the National Engineering News Record Construction Cost Index, or other cost indices, as appropriate.

(b) The monies in the Roadway fund shall be disbursed for use according to the fiscal and budgetary provisions of this County of Sacramento, subject to the limitations of this subdivision. The monies transferred from the Transit Fund shall be disbursed for use according to the fiscal and budgetary provisions of the Sacramento Regional Transit district, subject to the limitations of this subdivision. The roadway fees and transit fees shall be used solely to finance the costs of facilities stated in the Roadway Analysis or Transit Analysis. To the extent sufficient fees are available, all facilities financed by fees shall be constructed or acquired in accordance with the priorities established in the Roadway Analysis and Transit Analysis and the Capital Improvement Program. The monies in each District Roadway Account and transferred from each District Transit Account shall only be used to finance facilities included in the Capital Improvement Program for that District.

(Ord. No. 97-01, § 2(16.87.120), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

In the event a building permit for construction, improvement or remodeling to add additional dwelling units or floor area of buildings expires pursuant to the County Building and Construction Code, a claim for refund may be filed by the applicant who paid the fee with the Director within one year of the date of expiration of the permit. Such a claim shall be granted, whereupon some or all of the amount previously paid shall be refunded to that applicant or his or her written designee, in proportion to the amount of work not completed. Such a refund shall not be paid until the Department verifies that the building permit is void.

(Ord. No. 97-01, § 2(16.87.130), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

In the event a building permit for additional dwelling units or floor area of buildings, whether issued before or after the effective date of this Chapter, expires pursuant to the County Buildings and Construction Code, before such work may be commenced or recommenced, a new permit shall be obtained to do so, and such permit may be issued only if the fees required by this Chapter are paid.

In the event a building permit for additional dwelling units or floor area of buildings, whether issued before or after the effective date of this Chapter, is sought to be renewed pursuant to the County Building and Construction Code, such permit may be renewed only if any additional fees in effect on the date of issuance of the renewed permits are paid.

(Ord. No. 97-01, § 2(16.87.135), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The following are exempt from the requirements of this Chapter:

(a) Activities not requiring a building permit (except for mobile home parks, which shall be required to comply with the requirements of this chapter before improvement plans are approved).

(b) In cases of extreme hardship, duly established by the applicant presenting substantial evidence to the satisfaction of the Board that the payment of the fee would deprive the owner of rights guaranteed by the Federal or State Constitution, the Board, acting in its legislative capacity, and by resolution, shall grant an exemption from any or all of the provisions of this Chapter.

(c) The Antelope Community Plan area as defined pursuant to Chapter 16.80 is exempt from the requirements of Sections 16.87.050 [66-175], 16.87.070 [66-178] and 16.87.100 [66-184] to pay a roadway fee.

(d) The issuance of building permits for parking structures.

(e) The issuance of building permits for structures not exceeding 1,000 square feet of additional floor area determined by the Planning Director to be suitable solely for specific uses that will generate no increase in traffic or transit ridership.

(f) The issuance of building permits for canopies that do not cover a specific occupancy.

(Ord. No. 97-01, § 2(16.87.140), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

A property may file an appeal of the roadway and transit fee obligations as determined by the Department. The property owner may request in writing an initial review of the fee determinations by the Director. Should this review not satisfy the property owner, the property owner may file an appeal with the Secretary of the Planning Commission within 10 days of the date the property owner is notified in writing of the Director's review of the fee determination. Such an appeal shall be heard by the Board of Zoning Appeals, which may grant or deny the appeal. The appeal shall be applied for in the manner prescribed in, and be considered by the Board of Zoning Appeals at a noticed public hearing governed by Title 1 of the Zoning Code, and shall be subject to the fee applicable to the appeal of a Planning Director's decision as established by resolution by the Board of Supervisors.

(Ord. No. 97-01, § 2(16.87.145), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(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 designated in the General Plan in effect in the unincorporated territory of the County of Sacramento. The provisions of this ordinance shall not be construed to limit the power of the Board to impose any other fees or exactions, or to continue to impose any other fees or exactions, or to continue to impose existing ones, on development within the unincorporated territory of the County of Sacramento. Compliance with this ordinance 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, permits, or other entitlements pursuant to state and local laws.

(b) In particular, this fee program is intended to operate in conjunction with, and not replace, other roadway and transit financing mechanisms, except as expressly designated in this Chapter. To that end, (1) the owner of projects subject to this chapter shall comply with the dedications, improvements and other requirements in the County of Sacramento Improvement Standards. Those requirements shall be performed without credit being given against the payment of fees required by this chapter, even if the facility for which the dedication or improvement is required is one which is also listed in the roadway analysis or transit analysis as a facility to be financed by the roadway fee or transit fee. (2) The owner proposing such projects shall be responsible for those mitigation measures that may be required as a result of being identified in any traffic analyses for the project prepared by or forth the County, including those identified pursuant to the California Environmental Quality Act [Public Resources Code §§ 21000-21177] in order to fully or partially reduce the significant effects on the environment which may otherwise result from the project. The appropriate environmental document shall be prepared, which may include consideration of the potential mitigation of significant effects resulting from compliance with the fees required by this chapter, but shall also include such other mitigation measures as needed to reduce or lessen the significant effects of a project to a less than significant level.

(c) (1)

If a project: (i) contains additional dwelling units in residential land use types or additional floor area of buildings in commercial or industrial land use types, (ii) has plan amendments, rezones, use permits, variances or other approvals for use that were approved prior to the effective date of this chapter, (iii) has not yet been issued all building permits, and (iv) was required as a condition of approval to dedicate or improve roadway facilities or transit facilities in excess of the requirements of the Sacramento County Improvement Standards and those roadway facilities or transit facilities are now shown as facilities to be funded by roadway fees or transit fees, then the owner may apply to the Director for a credit against the fee otherwise required by this chapter when remaining building permits apr request for that project. Credit shall be given in an amount not exceed the fee that is otherwise due for each building permit paid based on the cost estimates of construction of the facilities or the cost estimates of fair marker value of the land dedicated, as shown in the adopted roadway analysis or transit analysis.

(2) The construction of any facility authorized by this subdivision must be accepted by the Department, or the property owner must pose a bond or other security for the complete performance of the construction in a form acceptable to the Director and the County Counsel, prior to credit being given and issuance of any of the approvals set forth in Sections 16.87.050 [66-175] and 16.87.060 [66-176].

(Ord. No. 97-01, § 2(16.87.150), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) Upon application by the property owner or the owner's authorized agent, the Director shall enter into a reimbursement agreement authorizing reimbursement for dedication of or construction on the owner's land, or both, after the effective date of the ordinance adding this section, of the portion which exceeds 18 feet in width of any roadway facility designated in the Capital Improvement Program to be constructed using fees, when such dedication or construction is done prior to the fiscal year for which construction of the facility is scheduled in the Capital Improvement Program. The agreement shall set forth the amount to be reimbursed and the time and manner in which payments are to be made, and shall require reimbursement only from the district roadway account for the fee district within the roadway facility and land are located.

(b) The amount of reimbursement shall be the estimated cost of the dedication or construction as determined by the Department using standard cost schedules approved by the Board annually but not to exceed the cost contained in the Capital Improvement Program, as periodically updated. The time of reimbursement shall be the end of the fiscal year in which the facility is scheduled for construction in the Capital Improvement Program.

(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) Where a facility is proposed for construction by the property owner within six (6) months prior to the beginning of the fiscal year for which it is scheduled for construction in the Capital Improvement Program, the Director at the Director's discretion may either (1) provide the property owner with a credit after the property owner has provided security required by Section 16.87.150(c)(2) [66-193(c)(2)], or (2) enter into a reimbursement agreement with the property owner pursuant to this section.

(e) If the Director enters into an agreement authorized by subdivision (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 fees deposited in the appropriate district roadway account.

(Ord. No. 97-01, § 2(16.87.160), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)