Chapter 10.50 — LIGHT RAIL TRANSPORTATION SERVICE FEE

A. The purpose of this chapter is to implement the city General Plan, Urban Development Policy No. 17.20, which requires that the city develop a long service system to service Folsom residents and businesses. As required by the General Plan, a long range transit plan has been developed entitled “City of Folsom Light Rail Transit Implementation Study, Final Report, dated February 1993" (hereafter the “transit study”), and includes an analysis of the feasibility and financing of:

1. Continued city-operated intra-community bus service;

2. Continued city-operated commuter bus service to downtown Sacramento and/or
service to the nearest RT Metro Rail Station;

3. Extending RT Metro service to Folsom and the preservation of future rights-of-way.

B. Based upon the information contained in the transit study, the city council finds that
existing transportation services will be inadequate to accommodate the needs generated by
projected new residential, industrial and commercial growth in the city, and that additional
transit facilities are needed to protect and promote the health, safety and welfare of Folsom
residents and businesses. This finding is based on the transit study, and on such other
information provided to the city council at the public hearing concerning the adoption of
this fee.

C. The cumulative and growth inducing environmental impacts of the facilities described in
the transit study have been identified in the Final Environmental Impact Report (EIR)
prepared for the 1988 General Plan. Prior to action on site-specific projects, subsequent
environmental review will be undertaken as necessary pursuant to the California
Environmental Quality Act (CEQA). The city council finds that pursuant to Section 15162
of the CEQA Guidelines, no new effects would occur as a result of this action beyond those
identified in the General Plan EIR, and no new mitigation measures are required.
Therefore, the city council further finds that adoption of the ordinance codified in this
chapter is within the scope of the Final EIR prepared for the city’s General Plan project,
and certified by the city council in Resolution No. 2522.

D. Pursuant to General Plan Policies 11.5, 11.6, 11.7, 40.1, 41.3 and similar policies and goals
throughout the General Plan, it is the city’s policy to require new development to pay its
fair share of the cost to expand public facilities and services that will be necessary to serve
residential, industrial and commercial development. The purpose of this chapter is to
implement the requirements of the General Plan requirements and, under the authority of
Article XI, Section 7, of the California Constitution and the authority of Title 7 of the
Government Code, to establish the appropriate method of ensuring that sufficient funding
for light rail transportation services is available to serve residential, industrial and
commercial growth in the city.

E. The failure to impose the conditions and regulations of this chapter relating to payment of
the fee on building permits would jeopardize residents of the community, in that it would
permit construction and development to proceed without adequate light rail transportation
service facilities or means of financing such facilities.

F. Analysis of the land use expected at buildout of the city pursuant to the general plan makes
it possible to estimate the number of dwelling units to be constructed, the population
generated by those dwelling units and the number of persons to be employed by
commercial and industrial land users. It is therefore possible to arrive at a fee, based on
population and jobs created which equitably spreads the burden of financing light rail
transportation to those who create the need for such services. It is the intent of this chapter
to create such a fee, spreading costs of light rail transportation service to those who create
the need for such facilities, without generating any surplus to the general fund. It is a further
purpose of this chapter to implement the general plan by assuring that adequate light rail
transportation service is financed and provided to serve the future needs of the city.

G. In order to determine the need for light rail transit service facilities created by new residents
and jobholders and to spread the cost of such facilities among those who create the need
for them, the city conducted various studies. The studies estimated the number and type of
light rail transportation service facilities to meet the needs created by new development and
the cost of such facilities. The fee established by this chapter has been calculated in the
manner called for in the studies in order that the impact upon facilities is borne by the type
of development causing the same.

H. The fee established by this chapter is in addition to any other fees or charges or taxes,
required by law or city code as a condition of development, including, but not limited to,
the residential construction tax levied by Chapter 17.90, drainage fees levied by Chapter
17.95, major road fees levied by Chapter 12.04, capital improvement new construction fees
levied by Chapter 17.92.

I. The fee established by this chapter is necessary in order to assure compliance with the
applicable general plan requirements that new development bear the cost for light rail
transportation service infrastructure which is needed to serve such development.

J. That the city council has considered the effect of the fee imposed by this chapter with
respect to the housing needs of the city as a whole and of the region, particularly as required
by the housing element of the general plan, and the city council finds that this chapter does
not unduly adversely affect the city’s ability to provide for such needs.
(Ord. 872 § 1 (part), 1997)

The following words are defined for purposes of this chapter as follows:

“Building permit” means the permit issued or required by the city for the construction of any
structure pursuant to and as defined by the building code.

“Capital improvement program” means those proposed city-wide facilities identified in the
transit study.

“Commercial” means those business activities which are permitted or allowed in the BP, C-1,
C-2, C-3, CH or bed and breakfast zoning district as set forth in Title 17 of the Folsom Municipal
Code.

“Director” means the finance director.

“Dwelling, multiple-family” or “multiple-family dwelling” means a building designed for
occupancy as a residence by two or more families, living independently of each other; provided,
that multiple-family dwelling also includes forms of congregate living, including, without mitigation, senior citizen homes, retirement homes or boarding homes.

“Dwelling, single-family” or “single-family dwelling” means a building designed for occupancy
as a residence by one family.

“Dwelling, mobilehome” or “mobilehome dwelling” means a structure designed for occupancy
as a residence by one family that is regulated by Chapter 17.74.

“Dwelling unit” means a building or part of a building designed for occupancy as a residence by
a family.

“Facilities” means those light rail transportation service improvements, or infrastructure
generally identified in the transit study, and more specifically determined from time to time by
the city council.

“Fee” or “light rail transportation service fee” means the fee(s) established by this chapter.

“General plan” refers to the city General Plan adopted by the Folsom city council in 1988,
including all subsequent updates and amendments.

“Improvement funds” means these special funds established pursuant to Section 17.92.030.

“Industrial” means those business activities which are permitted or allowed in the M-I, M-2, M-
L or MF zoning districts as set forth in Title 17 of the Folsom Municipal Code.

“Residential” means those activities which are permitted or allowed in the R-1-L, R-1-ML,
R-1-M, R-3, R-M or R4 zoning districts as set forth in Title 17 of the Folsom Municipal Code.

“Studies” means the following plans and studies:

1. City General Plan of 1988; and

2. City Light Rail Transit Implementation Study, Final Report, dated February 1993.
(Ord. 872 § 1 (part), 1997)

There is established a light rail transportation service fee which shall be imposed on all residential, commercial and industrial property located in the city, unless such property is otherwise exempt as provided for in Section 10.50.070. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law or city code as a condition of development, including, but not limited to, the residential construction tax levied by Chapter 17.90, drainage fees levied by Chapter 17.95, and major road fees levied by Chapter 12.04. (Ord. 872 § 1 (part), 1997)

The finance director is directed to establish a special fund entitled the light rail transportation service fund. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended solely to finance the planning, construction and development of the facilities identified in the transit study. (Ord. 872 § 1 (part), 1997)

Except as otherwise provided by this chapter the fee imposed pursuant to this chapter shall be paid at or prior to the issuance of any building permit for a structure which is subject to this chapter. (Ord. 872 § 1 (part), 1997)

The light rail transportation service fee shall be established by resolution adopted by the city council of the city, and shall be based upon the determination in the transit study of: (1) the use of the fee and the type of development on which the fee is imposed; (2) the need for the facilities and/or services created by new residential and commercial development; and (3) the reasonable cost of the facilities and/or services attributable to new development. (Ord. 872 § 1 (part), 1997)

A. No fee shall be charged for the following developments or projects:

1. Completed structures;

2. Structures under construction for which a valid building permit is in force upon the
effective date of the ordinance codified in this chapter unless such building permit
contains an express condition requiring the payment of this fee;

3. Construction within a subdivision which is covered by a development agreement
entered into between the developer and the city under Government Code
Section65864 et seq., which agreement is in full force and effect and expressly
prohibits the imposition of additional fees pertaining to light rail transportation
services;

4. Building permits for projects with a vesting tentative map approved prior to the
effective date of the ordinance codified in this chapter, provided that the vesting
tentative map did not require the payment of a fee to mitigate such impacts or include
a condition for mitigation for impacts on police, fire and general governmental
services or facilities.

B. If any residential structure in existence at the time of the adoption of the ordinance codified
in this chapter is destroyed by fire, explosion, act of God or act of public enemy to the
extent of more than ½ the value thereof, any rebuilding after the date of such destruction
shall not be subject to the fee imposed by the chapter provided the area of such structure is
not increased by more than 10 percent. For the purposes of this chapter, the value shall be
determined by the city building inspector based upon the cost of replacement.

C. Additions to existing commercial or industrial structures shall be subject to the fee
established by the chapter.

D. Nothing in this chapter shall prohibit these regulations from applying to such projects if
existing entitlements expire and/or the applicant applies for a new approval subject to the
provisions of this chapter. The city manager or his designee may issue regulatory
guidelines to administratively implement this section.

E. In the event of any reduction or adjustment in the fee granted pursuant to this section, any
later change in the use, zoning or land use designation for the property involved shall subject the owner to payment of the then applicable fee for such new uses, zoning or land
use designation, whether or not a building permit is required.
(Ord. 872 § 1 (part), 1997)

A. The developer of any project subject to the fee established by this chapter may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than 20 calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his/her decision in writing not later than 15 calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within 10 calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within 45 calendar days after filing. The decision of the city council shall be final, and shall be reviewable by the Superior Court under Code of Civil Procedure Section 1094.5. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this section has been made.

B. Notwithstanding the provisions of subsection A of this section, a project proponent or
applicant may pay the fee “under protest” and receive a building permit. An application for
reduction or adjustment pursuant to subsection A of this section shall be filed within 10
calendar days after payment under protest and if not so filed, any objection shall be deemed
waived. If a reduction or adjustment is made after payment pursuant this subsection, the
applicant shall be refunded the amount by which the fee is reduced or adjusted.

C. The project proponent or applicant applying for a reduction or adjustment shall have the
burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus
is lacking between the fee, or facilities to be financed by the fee, and the particular project.

D. In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning or land use designation for the property involved shall subject the owner to payment of the then applicable fee for such new uses, zoning or land use designation, whether or not a building permit is required. (Ord. 872 § 1 (part), 1997)

The fee established by this chapter shall automatically be adjusted each fiscal year by a percentage equal to the change in construction costs since the prior fiscal year as determined by the director based upon Engineering News Record (or similar publication) construction cost index. The determination shall be reported in writing to the city council by the director as soon as the information is available. The city council shall forthwith make such adjustment by resolution. (Ord. 872 § 1 (part), 1997)

When the moneys in the light rail transportation service fund are disbursed for use, the fees shall be used only to finance the planning, acquisition, construction and development of the facilities provided for in the transit study, and any improvement plan that may be adopted by the city council to implement the recommendations in the study. (Ord. 872 § 1 (part), 1997)