Elk Grove Municipal Code Art. I General

This chapter is adopted pursuant to the general powers reserved to the City under Section 66000 et seq. of the Government Code and as allowed by Measure A for the purpose of authorizing certain development impact fees, as described in public facility financing plans, expenditure plans and the nexus studies as referenced herein, to be assessed upon the owners of certain residential and nonresidential property as described in this chapter and which is located within the City. The fees herein adopted shall be assessed upon landowners developing property for any residential or nonresidential use in order to provide all or a portion of the funds which will be necessary to design, construct, install or acquire public facilities required to meet the needs of, and address the transportation impacts caused by, such development activity. It is the intent and purpose of the City to protect and promote the public health, safety and welfare by constructing, installing and acquiring public facilities necessitated by development in the City. Furthermore, it is the intent and purpose of the City to allow the development within its corporate limits on the condition that landowners pay the applicable costs of such public facilities and that such costs shall not be or become a responsibility of any other City fund, including, without limitation, the City’s general fund.

(Ord. 16-2024 § 3 (Exh. A), eff. 1-1-2025)

A. Unless the contrary is stated or clearly appears from the context in which a term is used, the following definitions shall govern construction of the words and phrases used in this chapter:

“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 (1) or more persons and which is located on a lot with a proposed or existing primary dwelling.

“Assessment district policy manual”

means the document entitled “Reimbursement Policies and Procedures for Privately Constructed Public Facilities” on file with the City of Elk Grove Public Works, as such document or its title may be amended from time to time.

“Automatic annual adjustment”

means the automatic annual adjustment of development impact fees based on the inflation factors described in EGMC Section 16.96.130.

“City code”

means the City of Elk Grove Municipal Code.

“Citywide benefit district area”

means the real property located within the corporate limits of the City, and as said limits may be adjusted from time to time.

“Development”

means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construction activities incident thereto, together with the process of obtaining all required land use entitlements.

“Development project”

shall have the same meaning as defined by subsection (a) of Section 66000 of the Government Code, as such section may be amended from time to time.

“Dwelling unit”

means any room or group of rooms located within a dwelling and forming a single unit with the facilities which are used or intended to be used for living, sleeping, cooking, or eating excepting therefrom any unit rented or leased for temporary residency, such as a motel and hotel room.

“Fee,” “impact fee,” and “development impact fee”

means the monetary exaction as defined by Section 66000(b) of the Government Code, as such section may be amended from time to time, and shall include, but not be limited to, the fees established pursuant to this chapter.

“Fee resolution”

means any resolution adopted by the City Council which implements the provisions of this chapter, including, without limitation, the setting of the amounts of the various fees established hereby and the adoption of provisions for credits, reimbursements and deferral relating to such fees.

“Government Code”

means the Government Code of the State of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as may thereafter be amended or renumbered from time to time.

“Health and Safety Code”

means the Health and Safety Code of the State of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as may thereafter be amended or renumbered from time to time.

“Housing development”

means a development project with common ownership and financing consisting of residential use or mixed use where not less than fifty (50%) percent of the floor space is for residential use.

“Industrial use”

means any development project that involves manufacturing, transportation, logistics or similar uses.

“Low income” and “very low income”

housing is as defined in Sections 50079.5 and 50105, respectively, of the Health and Safety Code.

“Measure A”

means Ordinance No. 04-01, adopted by the Sacramento Transportation Authority on July 29, 2004, which established the Sacramento Countywide Transportation Mitigation Fee Program to be implemented by the County of Sacramento and each city within the County by April 1, 2009.

“Measure A administration fee”

means the fee imposed by the City for the cost of collection, deposit, investment, accounting, remittance and reporting of the Measure A development impact fee.

“Measure A development impact fee”

means a development impact fee established to provide funding for public facilities to benefit new development within the City.

“Measure A expenditure plan”

means the Sacramento County Transportation Expenditure Plan 2009 – 2039, dated June 10, 2004, as adopted by the Sacramento Transportation Authority under Ordinance No. 04-01, which specifies the allocation of Measure A sales taxes and Measure A development impact fees for specified public facilities.

“Measure A mitigation fee program”

means the Sacramento Countywide Transportation Mitigation Fee Program as approved by the Sacramento Transportation Authority by Ordinance No. 04-01. It includes a technical amendment approved by STA on December 11, 2008.

“Measure A Nexus Study”

means the development impact fee study dated May 24, 2024, as adopted by the Sacramento Transportation Authority by Resolution No. 2024-005.

“Multifamily residential use”

means any development project that uses a single parcel for two (2) or more dwelling units within one (1) or more building(s) including, without limitation, duplexes, townhouses, condominiums and apartments.

“Normalized cost per trip”

means the medium-sized single-family residential fees listed in Section 2.1 of the Protocols Agreement divided by the average weekday trip generation rate for a single-family residence (nine and forty-four hundredths (9.44)) per the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Ed.). The normalized cost per trip is One Hundred Sixty-Seven and no/100ths ($167.00) Dollars and will be adjusted annually per EGMC Section 16.96.130.

“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, and religious centers. “Office use” also includes any other commercial use not specifically listed in Section 2.1 of the Protocols Agreement that is not a retail or industrial use.

“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.”

“Protocols agreement”

means the Measure A Sacramento Countywide Transportation Mitigation Fee Program Agreement on Operating Protocols Amended, dated August 2024, with the Sacramento Transportation Authority, as approved by the Authority on August 8, 2024, by Resolution No. 24-006 and as approved by the City on October 9, 2024, by Resolution No. 2024-196.

“Public facilities”

means the public improvements, public services and community amenities as defined by Section 66000(d) of the Government Code, as such section may be amended from time to time. The term “public facilities” only includes transportation improvements and infrastructure to be designed, constructed, installed and acquired to serve the specified benefit district area, as well as the transportation-related public service and community amenities to serve the specified benefit district area, which improvements and infrastructure are described in the applicable financing plan, expenditure plan, and/or Nexus Study (collectively “plan” or “study”). The costs of the design, construction, installation and acquisition of the specified public facilities, which are to be financed partially by the development impact fee program, is set forth within the plan or study. Where applicable under the plan or study, the term “public facilities” includes the acquisition of land relating to such improvements, infrastructure, public services and community amenities. The term “public facilities” also means a specific public improvement or infrastructure where the context requires a singular meaning.

“Reduced parking availability”

means a development project where State law requires the City to approve the project with reduced parking including, without limitation, projects pursuant to Government Code Sections 65913.4 and 65915.

“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.

“Senior residential use”

means any development project that qualifies as housing for older persons pursuant to Section 12955.9 of the Government Code.

“Single-family residential use”

means any development project that uses a single-family parcel for only one (1) residential dwelling unit and includes any development project that involves one (1) primary dwelling unit and one (1) accessory dwelling unit on a single lot.

“STA”

means the Sacramento Transportation Authority.

“Transit-oriented development”

means a housing development that satisfies all the following characteristics: a) the housing development is located within one-half (1/2) 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 (1/2) mile in length; b) convenience retail uses, including a store that sells food, are located within one-half (1/2) 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 one (1) on-site parking space for zero (0) to two (2) bedroom units, and two (2) on-site parking spaces for three (3) or more bedroom units, whichever is less.

“Transit station”

has the meaning set forth in Section 66005.1(d) of the Government Code.

(Ord. 16-2024 § 3 (Exh. A), eff. 1-1-2025)