Elk Grove Municipal Code Art. III Fee Imposition

A. The development impact fees established under this chapter shall be imposed on the following types of uses or development of real property located within the benefit district areas as referenced in EGMC Section 16.96.040(A):

1. For nonresidential uses or development:

a. The construction on the property of a new building or structure;

b. The construction on the property of additions to an existing building or structure which results in the expansion in the size or use of such existing building or structure; or

c. The change in use of an existing building or structure on the property from a previous residential use to a nonresidential use, or from a previous nonresidential use to another nonresidential use; provided, that the landowner shall be entitled to a credit against fees paid pursuant to this chapter in the amount of fees which were actually paid for such previous residential or nonresidential use, which prior fees shall be adjusted for inflation consistent with EGMC Section 16.96.130.

2. For residential uses or development:

a. The construction on the property of a new building or structure containing one (1) or more dwelling units;

b. The construction on the property of alterations or additions to an existing building or structure which add one (1) or more dwelling units to such existing building; or

c. The change in use of an existing building or structure on the property from a previous nonresidential use to a residential use; provided, that the landowner shall be entitled to a credit against fees paid pursuant to this chapter in the amount of fees which were actually paid for such previous nonresidential use, which prior fees shall be adjusted for inflation consistent with EGMC Section 16.96.130.

3. For nonresidential and residential uses or development within the same building or structure, the computation of fees as set out in EGMC Section 16.96.090 shall apply.

B. Except as may be expressly provided in this chapter, no building permits or extension of permits relating to the activities described in subsections (A)(1) and (A)(2) of this section shall be granted unless and until the appropriate development impact fee or fees have been paid to the City in accordance with the provisions of this chapter, except that for residential developments under a fee payment contract as specified in Section 66007 of the Government Code, building permits may be issued but no final inspection or certificate of occupancy shall be granted unless and until the appropriate development impact fee or fees have been paid to the City. As provided in Section 66007(a) of the Government Code, for a residential development that contains more than one (1) dwelling unit, the fees may be paid on a pro rata basis for each dwelling unit at the time of the building permit.

C. Notwithstanding anything to the contrary set forth in subsection (A) of this section or in any other provision in this chapter, the development impact fees established pursuant to this chapter shall apply to any development project that has heretofore either received a tentative map approval or other approval or permit, whether discretionary or nondiscretionary, or is subject to a development agreement or other agreement between the landowner and City that provides for payment of one (1) or more fees established under this chapter.

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

A. The following shall be exempted from payment of the fees established by this chapter:

1. Accessory dwelling units less than seven hundred fifty (750 ft2) square feet.

2. 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.

3. 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.

4. Projects intended for public use where the applicant is one (1) of the participating agencies.

5. 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 development agreement is extended after April 1, 2009, the Measure A mitigation fee shall be imposed.

6. 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.

B. Any claim of exemption with respect to the fees established by this chapter shall be made no later than the time for application for fee adjustment pursuant to EGMC Section 16.96.200.

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