Elk Grove Municipal Code Art. V Adjustment of Fees

The fees established by this chapter shall be adjusted automatically to take into consideration construction cost inflation on July 1st of each fiscal year. The first (1st) fiscal year for which an adjustment shall occur shall be the fiscal year that includes July 1, 2010. The adjustment shall be made by a factor equal to the percentage increase, if any, of the Construction Cost Index as published by Engineer News-Record/McGraw-Hill Construction Weekly for the Twenty (20) City Construction Cost Index during the twelve (12) months ending on the preceding March 1st. This automatic annual adjustment shall not apply to those fees which are based on variable factors which themselves result in an automatic inflation adjustment, those which specifically indicate otherwise, or those which are governed by provisions of an agreement with the City expressly exempting such fees from the adjustment set forth under this section.

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

In addition to any automatic annual adjustment, the amount of the fees established by this chapter may be revised periodically, including, without limitation, upon the report and review provided for in this code, by resolution of the City Council. Any action by the City Council to increase fees shall comply with the provisions of this chapter and Section 66018 of the Government Code.

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

ADUs greater than seven hundred fifty (750 ft2) 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.

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

For projects that include two (2) 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, as determined by the Finance Director.

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

Developments in areas with reduced parking availability may be subject to reduced fees, at the sole discretion of the Finance 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 City Engineer.

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

A. Generally. The fee imposed pursuant to this chapter for a transit-oriented development shall be set at a rate that reflects a lower rate of automobile trip generation associated with that transitoriented development in comparison with non-transit-oriented development, unless the City adopts findings after a public hearing establishing that the 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 City will charge a fee pursuant to this chapter that is proportional to the estimated rate of automobile trip generation associated with the housing development.

B. Traffic Study.

1. Project-Specific Traffic Study. Housing developments seeking a fee adjustment pursuant to this section shall submit a traffic study, stamped by a licensed traffic or civil engineer (and which has been accepted by the City Engineer), which demonstrates the lower rate of automobile trip generation associated with the applicable housing development compared to the Nexus Study.

2. Alternative Traffic Study. A transit-oriented development may submit to City a traffic study, stamped by a licensed traffic or civil engineer (and which has been accepted by the City Engineer), which 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 the alternative study pursuant to this section, the Finance Director, in consultation with STA, may apply a standard transit-oriented development fee reduction based on studies related to transit-oriented developments unless the applicable transit-oriented development elects to provide City with a project-specific traffic study, as described in subsection (B)(1) of this section, for the Finance Director to use in calculating the appropriate fee hereunder.

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

A. The fee imposed pursuant to this chapter for any repurposing or change in use of existing buildings shall only apply to the net increase in average daily trips attributable to the new purpose or use, as compared to the prior established use.

B. Fees shall be calculated hereunder by comparing the rates applicable to the prior and new uses as designated in the City’s 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 average daily trips and new average daily trips at the property. The determination of average daily trips for the purpose of comparing previous and proposed uses shall be by reference to trip generation rates obtained from the Institute of Traffic Engineers.

2. Multiply the result by the normalized cost per trip.

C. Requests for a fee adjustment pursuant to this provision shall be made to the City in writing. The Finance Director shall determine whether a development project has made the required showing for a fee adjustment.

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